Lummis v. Big Sandy Land & Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 75, Jan. T., 1898, by plaintiff, from order of C. P. No. 2, Pbila. Co., Sept. T., 1893, No. 92, discharging rule to set aside report of referee. Rule to set aside report of referee. Exceptions to report of referee. The referee awarded a counsel fee of $250 to the attorney for the garnishees. Other facts appear by the opinion of the Supreme Court. Errors assigned were in discharging rule to strike off report of referee, and in dismissing exceptions to his report.
1Opinion of the Court
Opinion by Mr.
Chief Justice Stebbett,
Plaintiff’s action of assumpsit, brought in September, 1893, was so proceeded in that on March 22, 1895, judgment was entered against the defendant company, on the verdict previously rendered in favor of plaintiff, for $8,550, with interest, etc.
*29No appeal appears to have been taken from this judgment, and it thus became a final and conclusive adjudication of plaintiff’s right to maintain the action, etc.
On the day judgment was entered, an attachment execution was issued and C. F. Smith and J. R. Fougeray, individually and as trustees of the defendant…
2Cases cited1 opinion
- Campbell v. County of FayetteSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Oil City N. Bk., Exr. v. McCalmont, Exr.Supreme Court of Pennsylvania · 1931
- In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923
- Bank of Europe Trust Co. v. McCall, Pennsylvania Court of Common Pleas, Philadelphia County1942
- Golder v. Bogash, Pennsylvania Court of Common Pleas, Philadelphia County1936
- O'Brien v. Radford, Pennsylvania Court of Common Pleas, Philadelphia County1934
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