Rhinesmith's Case
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1904, by Mary Rhinesmith, from order of C. P. Cumberland Co., Nov. T., 1902, No. 45, sustaining exceptions to auditor’s report in the matter of Mary Rhinesmith. Exceptions to report of J. M. Rhey, Esq., auditor. The facts appear by the opinion of.the Superior Court. Errors assigned were in sustaining exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Henderson, J.,
We are not prepared to hold that the auditor exceeded his authority in opening the case to hear additional testimony, before his report was prepared and that he was without power to reopen the audit after the final arguments of counsel. In a proper case upon cause shown, it is within the sound discretion of the auditor to hear additional evidence to the end that justice may be done the litigating parties. As much was practically held in Myers’s Estate, 13 Pa. Superior Ct. 476.. The learned judge of the court below was of the opinion however that the appellant’s case…
2Cases cited4 opinions
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Duncan v. ShermanSupreme Court of Pennsylvania · 1888
- Billington v. SweetingSupreme Court of Pennsylvania · 1896
- Myers's EstateSuperior Court of Pennsylvania · 1900
3Cited by4 opinions
- Hilton v. Liebig Manufacturing Co.Superior Court of Pennsylvania · 1915
- Beaver's EstateSuperior Court of Pennsylvania · 1920
- Baker v. ShapiroCambria County Court of Quarter Sessions · 1948
- Borger v. Jones, Pennsylvania Court of Common Pleas, Lehigh County1922