Kille v. Reading Iron Works
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PNOM THE COUNT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. No. 225 January Term 1890, Sup. Ct.; court below, Nos. 198, 194 September Term 1886, C. P. No. 4. N On November 15,1887, certain actions of covenant brought in 1886 by John T. Kille against the Reading Iron Works were by writing filed referred to Mr. George Tueker JBispham, as referee, under the act of May 14, 1874, P. L. 166, and the same day the referee’s acceptance and oath were duly filed.
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APPEAL BY DEPENDANT PNOM THE COUNT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. No. 225 January Term 1890, Sup. Ct.; court below, Nos. 198, 194 September Term 1886, C. P. No. 4. N On November 15,1887, certain actions of covenant brought in 1886 by John T. Kille against the Reading Iron Works were by writing filed referred to Mr. George Tueker JBispham, as referee, under the act of May 14, 1874, P. L. 166, and the same day the referee’s acceptance and oath were duly filed. The last of the docket entries, printed in the paper-book, showed that on November 19, 1889, the referee’s report,…
1Opinion of the Court
Per, Curiam :
This appeal was prematurely brought. There was no judgment entered by the court below. The exceptions filed with the referee were not passed upon by the court, nor do we find anything in the paper-book to show that they were disposed of by the referee. The last of the docket entries reads as follows: “November 20, 1889. Proof of notice of prothonotary on November 19,1889, of filing of referee’s report and exceptions filed.” It is to be presumed that the referee acted upon the exceptions; it was admitted, however, that the court did not. This appeal was taken to the report of the…
2Cited by24 opinions
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- Misitis v. Steel City Piping Co.Supreme Court of Pennsylvania · 1971
- Seneca v. Yale & Towne Mfg. Co.Superior Court of Pennsylvania · 1940
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
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