DeTurck v. Matz
Supreme Court of Pennsylvania
Appeal, No. 271, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Feb. T., 1893, No. 11, for defendant, on trial by the court without a jury. Scire facias sur mortgage. By agreement of the parties the case was tried by the court without a jury.
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Appeal, No. 271, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Feb. T., 1893, No. 11, for defendant, on trial by the court without a jury. Scire facias sur mortgage. By agreement of the parties the case was tried by the court without a jury. Ermentrout, P. J., filed the following opinion : FINDING OF FACTS. 1. Susanna DeTurek, a maiden lady, advanced in years, is the holder of a mortgage for $1,000 on property of Allan J. Matz, the defendant, No. 929 Moss street, Reading, Pa. It is •dated April 2,1891, payable one year after date, with interest payable semiannually at the…
1Opinion of the Court
Per Curiam,
By agreement of the parties, trial by jury was dispensed with and the decision of this ease submitted to the court under the provisions of the Act of 1874, P. L. 109. As shown by the record, the issue was carefully and correctly tried by the learned president of the common pleas, whose findings of fact and conclusions of law are concisely and systematically stated. A careful consideration of the record has satisfied us that there is no error in either, and hence the judgment in defendant’s favor *357must be affirmed. He was clearly right in holding that in the transactions connected…
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