Mirkil v. Morgan
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY, IN EQULTY. No. 230 January Term, 1889, Sup. Ct.; court below, No. 362 September Term 1885, C. P. No. 4 in Equity. On September 23, 1885, John Mirkil filed against Samuel Morgan, George Evans and John D. Grover, a bill in equity charging them with the erection and maintenance of a nuisance to the injury of the plaintiff, and praying for an injunction, and for a decree awarding damages.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY, IN EQULTY. No. 230 January Term, 1889, Sup. Ct.; court below, No. 362 September Term 1885, C. P. No. 4 in Equity. On September 23, 1885, John Mirkil filed against Samuel Morgan, George Evans and John D. Grover, a bill in equity charging them with the erection and maintenance of a nuisance to the injury of the plaintiff, and praying for an injunction, and for a decree awarding damages. Answers having been filed by the defendants, on December 26, 1885, the court appointed Mr. James P. Townsend, examiner and master. On…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
When this case was called for argument it was discovered that the court below had entered what was practically a pro forma decree. The findings of the master had been reversed without an opinion or a line to indicate upon what grounds or for what reason the reversal had taken place.
To reverse a master’s findings without assigning any reason, is simply an act of arbitrary power, and practically leaves his findings in full force. To hear a case under such circumstances would be the precise equivalent of hearing it upon the exceptions without the intervention of…
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