Auman v. Hough
Superior Court of Pennsylvania
Appeal, No. 3, March T., 1906, by defendant, from judgment of C. P. Clinton Co., Jan. T., 1902, No. 106, for plaintiff on case tried by court without a jury, in suit of William Auman v. Nathan Hough et al. Ejectment for 207 acres of unseated land in Logan Township. The case was- tried by Mayer, P. J., without a jury under the act of April 22,1874. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff.
1DissentRice, P. J.
It is to be noticed that this case was tried by the court without a jury. It is needless, to say that the judge’s findings of fact, if there was any evidence to support them, are as conclusive upon appeal as a verdict of a jury. In order to reverse this judgment we must overturn the judge’s finding that the 207 acres of land assessed and sold in the name of Thomas Carothers was the land covered by the James Carothers warrant and survey. I am unable-to concur in the conclusion that this finding of fact is wholly unwarranted by evidence in the case. In addition to the facts stated in the…
2Cases cited5 opinions
- Lyman v. City of PhiladelphiaSupreme Court of Pennsylvania · 1868
- Miller v. HaleSupreme Court of Pennsylvania · 1856
- Woodside v. WilsonSupreme Court of Pennsylvania · 1858
- Franklin Coal Co. v. BertelsSupreme Court of Pennsylvania · 1885
- McClements v. DowneySuperior Court of Pennsylvania · 1896