Appeal of Atkinson
Supreme Court of Pennsylvania
Certiorari sur appeal, from a decree of the Common Pleas of Washington County confirming tbe report of an auditor as to tbe distribution of a fund raised by execution upon a judgment upon a promissory note.
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Certiorari sur appeal, from a decree of the Common Pleas of Washington County confirming tbe report of an auditor as to tbe distribution of a fund raised by execution upon a judgment upon a promissory note. The auditor’s first conclusion on tbe facts, in tbe following language, forms a sufficient history of this case: “Tbe Wool Growers’ Exchange, tbe payee in tbe note, on which the fund for distribution was raised, was incorporated for tbe purpose, among other things, of advancing tbe interests of wool growers by establishing a wool bouse for tbe handling and sale of wool, and, under tbe…
1Per curiam
There are two classes of assignments here, viz.: 1, Those which allege error in the auditor’s finding of facts; and 2, those which allege that he has erred in his conclusion of law.
It is sufficient to say in regard to the first that the alleged errors are not manifest. We must accept his finding of fact unless the error clearly appears. Loomis’s Appeal, 22 Pa. 312; Whiteside’s Appeal, 23 Pa. 114; Bedell’s Appeal, 87 Pa. 510, and Thompson’s Appeal, 103 Pa. 603.
Nor are we satisfied that his conclusions of law are erroneous. On the contrary we think they necessarily follow from the facts as…
2Cases cited5 opinions
- Whiteside's AppealSupreme Court of Pennsylvania · 1854
- Appeals of BedellSupreme Court of Pennsylvania · 1878
- Thompson's AppealSupreme Court of Pennsylvania · 1883
- Loomis's AppealSupreme Court of Pennsylvania · 1853
- Good v. GrantSupreme Court of Pennsylvania · 1874
3Cited by5 opinions
- Recht v. Clairton Urban Redevelopment AuthoritySupreme Court of Pennsylvania · 1961
- Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977
- Zinsser Ex Rel. Thompson v. ZinsserSuperior Court of Pennsylvania · 1924
- Proie Bros. v. ProieDistrict Court, W.D. Pennsylvania · 1971
- Goldstein v. Goldstein, Pennsylvania Court of Common Pleas, Alleghany County1976