Legal Opinion

McCartney ex rel. First National Bank v. Kipp

Supreme Court of Pennsylvania

Decided November 4, 1895No. Appeal, No. 172PublishedCited by 28 opinions

Appeal, No. 172, Oct. T.,1895, by-Charles C. McLain, administrator, from order of C. P. Westmoreland Co., Nov. T., 1885, No. 60, sustaining exceptions to auditor’s report. Exceptions to auditor’s report in a contest between two judgment creditors of defendant. The facts appear by the opinion of the court, Doty, J., which was as follows: An auditor was appointed on January 5, 1886, “ to hear the parties and their proofs, and report the facts, with his opinion.”

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Appeal, No. 172, Oct. T.,1895, by-Charles C. McLain, administrator, from order of C. P. Westmoreland Co., Nov. T., 1885, No. 60, sustaining exceptions to auditor’s report. Exceptions to auditor’s report in a contest between two judgment creditors of defendant. The facts appear by the opinion of the court, Doty, J., which was as follows: An auditor was appointed on January 5, 1886, “ to hear the parties and their proofs, and report the facts, with his opinion.” The auditor made report, which was referred back December 28, 1888, “ to find the facts.” The report finding .the facts was not filed…

1Opinion of the Court

Per Curiam,

Our examination of the record has disclosed no substantial error in the decree from which this appeal was taken. The questions presented have been so fully considered and so satisfactorily disposed of by the learned president of the common pleas that further discussion of either of them is unnecessary.

The decree is affirmed on his opinion.

Decree affirmed and appeal dismissed, with costs to be paid by the administrator of Charles C. McLain, appellant.

2Cited by28 opinions

  1. Aliquippa National Bank v. HarveySupreme Court of Pennsylvania · 1940
  2. Jones v. Commonwealth Casualty Co.Supreme Court of Pennsylvania · 1917
  3. Citizens' Bk. of Wind Gap v. LipschitzSupreme Court of Pennsylvania · 1929
  4. Parish Mfg. Corp. v. Martin-Parry Corp.Supreme Court of Pennsylvania · 1925
  5. Abrahamson v. BrettOregon Supreme Court · 1933

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