Whiteside v. Whiteside
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1907, by plaintiff, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 159, dismissing exceptions to auditor’s report in case of Carrie D. Whiteside and Abbie E. Reynolds >v. William C. Whiteside. Exceptions to report of M. G. Schaeffer, Esq., auditor. The opinion of the Superior Court states the case.
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Appeal, No. 97, Oct. T., 1907, by plaintiff, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 159, dismissing exceptions to auditor’s report in case of Carrie D. Whiteside and Abbie E. Reynolds >v. William C. Whiteside. Exceptions to report of M. G. Schaeffer, Esq., auditor. The opinion of the Superior Court states the case. Errors assigned were, in dismissing exceptions to auditor’s report. — A trustee who acts in bad faith, who denies the trust and claims the trust estate as his own, forfeits all compensation as trustee: Hanna v. Clark, 204 Pa. 145; Fellows v. Loomis, 204 Pa.…
1Opinion of the Court
Opinion by
Head, J.,
Where facts have been found by an auditor or master and his report has been confirmed by the court below, the rule is well established that an appellate court will not interfere except to correct cases of clear mistake or palpable error.
In the steady enforcement of this rule, it may sometimes happen that the conclusions of fact, which, under its operation, the appellate court accepts as final, are not those which might have been reached by that court, were it to hear the witnesses, weigh the evidence and determine the facts for itself in the first instance. But this has not…
2Cases cited1 opinion
- Fellows v. LoomisSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Olds's EstateSuperior Court of Pennsylvania · 1914