Norristown Trust Co. v. Lentz
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1905, by plaintiff, from judgment of O. P. Montgomery Co., March T., 1904,No. 81, for defendant on case tried by the court without a-jury" in suit, of Norristown Trust Company, administrator dLb.' n. c. t. a. of Sarah Burns, deceased, et al. v. Henry G. Lentz, executor of Benjamin Lentz, deceased, real owner and tenant in possession. Scire facias sur judgment.
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Appeal, No. 214, Oct. T., 1905, by plaintiff, from judgment of O. P. Montgomery Co., March T., 1904,No. 81, for defendant on case tried by the court without a-jury" in suit, of Norristown Trust Company, administrator dLb.' n. c. t. a. of Sarah Burns, deceased, et al. v. Henry G. Lentz, executor of Benjamin Lentz, deceased, real owner and tenant in possession. Scire facias sur judgment. The case was tried before Swartz, P. J., without a jury under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was a scire facias sur judgment entered in 1876. The defense was payment. The case was tried before the court without a jury, and resulted in a judgment for the defendant. As shown by the well considered opinion filed by the learned judge who tried the case, this judgment was the legitimate conclusion from his findings of fact, and the latter were fully warranted by the testimony, if the witnesses who gave it were •competent to testify. As to the conclusiveness on appeal of ■ the findings of fact of the trial court, unless they are manifestly erroneous and…
2Cases cited10 opinions
- Sargeant v. National Life InsuranceSupreme Court of Pennsylvania · 1899
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- American Life Insurance & Trust Co. v. ShultzSupreme Court of Pennsylvania · 1876
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
- Smith v. HaySupreme Court of Pennsylvania · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brothers EstatesSuperior Court of Pennsylvania · 1944
- Uhl v. MostollerSupreme Court of Pennsylvania · 1929
- Orlovsky v. Atkinson, Pennsylvania Court of Common Pleas, Philadelphia County1931