Klipstein v. Whitesides
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1905, by plaintiff, from order of O. P. No. 2, Phila. Co., Dec. T , 1895, No. 1093, dismissing exceptions to referee’s report in case of A. Klipstein v. Warren H. Whitesides, trading as Warren H. Whitesides & Company, Merchandise Storage and the Equitable Trust Company, Receiver of the Keen-Sutterle. Exceptions to report of referee. The opinion of the Superior Court states the case. Error's assigned were in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal by the plaintiff from the final judgment of the court below in an action of replevin where the goods were replevied by the sheriff and delivered to the plaintiff and, after issue joined, the case was referred to a referee under the Act of June 16, 1836, P. L. 717. Section 7 of this act reads: “ If upon exceptions filed to any award it shall appear to the court' that the referees have made a mistake, in fact or law, it shall be lawful for such court to refer the cause back to the same referees, for such further or other proceedings therein as shall be…
2Cases cited2 opinions
- Gunn v. BowersSupreme Court of Pennsylvania · 1889
- Reynolds v. CrevelingSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Thompson v. JenningsSuperior Court of Pennsylvania · 1933