Bellas v. Levy
Supreme Court of Pennsylvania
This was an amicable action on the case, entered in the Court of Common Pleas of Northumberland county, for the purpose of settling an account between Daniel Levy, Esq., the plaintiff below, and Hugh Bellas, Esq., the defendant.below.
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This was an amicable action on the case, entered in the Court of Common Pleas of Northumberland county, for the purpose of settling an account between Daniel Levy, Esq., the plaintiff below, and Hugh Bellas, Esq., the defendant.below. The cause was submitted to referees under the act of assembly of 1705. • It appeared,, from the evidence given by the referees on the hearing of exceptions filed to their report, that Mr. Bellas, as prothonotary, and Mr. Levy, as late prothonotary, had received each others costs, and an open unsettled account went on between them from the year 1814, until the.…
1Per curiam
— It is impossible to distinguish this ease from Cunningham v. Irwin, 7 Serg. & Rawle, 247, and Gratz v. Phillips, 14 Serg. & Rawle, 144, in which a report of referees,' under the act of assembly of 1705, like á verdict, was held to be subject to the legal discretion of the- court. Here the question of interest being a question of damages, depending on the peculiar circumstances of the case, presents no point for the legitimate consideration of a court of error. But in Gratz v. Phillips, it was determined, that such a report cannot be touched here, although it depend on both fact and law. The…
2Cases cited2 opinions
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1826
- Cunningham v. IrwinSupreme Court of Pennsylvania · 1821
3Cited by5 opinions
- Jones v. JonesSuperior Court of Pennsylvania · 2005
- United States v. HoyleCourt of Appeals for the Tenth Circuit · 2014
- Painter v. KistlerSupreme Court of Pennsylvania · 1868
- United States v. ZanderCourt of Appeals for the Tenth Circuit · 2019
- Wheeler v. PotterSuperior Court of Pennsylvania · 1900