Wolf v. Augustine
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1900, by defendants, from decree of C. P. Fayette Co., No. 204, in equity, overruling exceptions to referee’s report in case of Joseph Wolf v. Jasper Augustine, Ross Augustine and Jasper Augustine, executor of Daniel Augustine. Bill in equity for an account. Assumpsit on promissory notes. From the record it appeared that the two cases were referred to John B. Head, Esq., as referee. The referee filed a very lengthy report in favor of the plaintiff.
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Appeal, No. 103, Jan. T., 1900, by defendants, from decree of C. P. Fayette Co., No. 204, in equity, overruling exceptions to referee’s report in case of Joseph Wolf v. Jasper Augustine, Ross Augustine and Jasper Augustine, executor of Daniel Augustine. Bill in equity for an account. Assumpsit on promissory notes. From the record it appeared that the two cases were referred to John B. Head, Esq., as referee. The referee filed a very lengthy report in favor of the plaintiff. Numerous exceptions to the report were filed by the defendant. The material exceptions were to the findings of fact, and…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
In disposing of this appeal we are once more called upon to declare that we will not set aside the findings of fact by a referee, when approved by the court below, except for clear error, even where the testimony is conflicting and the merits may appear contrary to the referee’s conclusions: Stocker v. Hutter, 134 Pa. 19.
We are asked to pass upon twenty five assignments of error, all of them practically relating to questions of fact. In the first twenty-one nothing is brought to our attention except alleged mistaken findings by the referee, and their approval by…
2Cases cited2 opinions
- Stocker v. HutterSupreme Court of Pennsylvania · 1890
- Brotherton Bros. v. ReynoldsSupreme Court of Pennsylvania · 1894
3Cited by3 opinions
- Augustine v. WolfSuperior Court of Pennsylvania · 1905
- Googe v. GaskillSuperior Court of Pennsylvania · 1901
- Taylor v. FolzSuperior Court of Pennsylvania · 1903