Legal Opinion

Fall Creek Coal & Iron Company v. Smith

Supreme Court of Pennsylvania

Decided May 13, 1872PublishedCited by 3 opinions

Error to the Court of Common Pleas of Bradford county: No. 292, to January Term 1872. This was an action of trespass, issued August 29th 1865, by the Fall Creek Coal and Iron Company against J. Monroe Smith, who was sheriff of Bradford county. The case was referred on the 27th of September 1870, to W. H. Jessup, Esq., under the Acts of April 6th 1869 (Pa.mph. L. 725), and January 20th 1870 (Pamph.

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Error to the Court of Common Pleas of Bradford county: No. 292, to January Term 1872. This was an action of trespass, issued August 29th 1865, by the Fall Creek Coal and Iron Company against J. Monroe Smith, who was sheriff of Bradford county. The case was referred on the 27th of September 1870, to W. H. Jessup, Esq., under the Acts of April 6th 1869 (Pa.mph. L. 725), and January 20th 1870 (Pamph. L. 85). Those of the facts necessary to an understanding of the case, •which were found by the referee were: that the plaintiffs employed G. M. Hall to furnish materials and build five canal-boats…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, C. J.

This case comes before this court, from the findings and judgment of a referee, under the Act of Assembly passed April 6th 1869, entitled “ An act authorizing the reference of civil actions in the county of Bradford.” While it is nominally entitled a Writ of error to the Common Pleas of Bradford county, it is only so, for the court had in fact nothing to do Avitli it, only so far as the appointment of the referee was concerned. The assignments of error are therefore directly upon his adjudications. This is something of a novelty in our…

2Cases cited2 opinions

  1. Kingsbury v. LedyardSupreme Court of Pennsylvania · 1841
  2. Hecker v. JarretSupreme Court of Pennsylvania · 1811

3Cited by3 opinions

  1. Cessna v. ClouseSuperior Court of Pennsylvania · 1913
  2. Gilmore v. Connellsville Water Co.Superior Court of Pennsylvania · 1896
  3. Taggart v. Schrumpf, Pennsylvania Court of Common Pleas, Bucks County1943

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