Watkins v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1902, by plaintiff, from decree of C. P. Lackawanna Co., May T., 1898, No. 5, on bill in equity in case of Daniel R. Watkins et al. v. Benjamin Hughes. Bill in equity for an account. Before Gunster, J. The case was heard on bill, answer and proof. Exceptions were filed to the findings of fact and conclusions of law. On February 24, 1900, the court filed the following order: The exceptions are overruled.
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Appeal, No. 77, Jan. T., 1902, by plaintiff, from decree of C. P. Lackawanna Co., May T., 1898, No. 5, on bill in equity in case of Daniel R. Watkins et al. v. Benjamin Hughes. Bill in equity for an account. Before Gunster, J. The case was heard on bill, answer and proof. Exceptions were filed to the findings of fact and conclusions of law. On February 24, 1900, the court filed the following order: The exceptions are overruled. Let a decree be drawn in conformity with the findings of fact and conclusions of law of the trial judge. On September 9, 1901, the following agreement was filed of…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the present case, there was no final decree in the court below. There was an order directing a decree to be prepared in accordance with the findings of the trial judge, but this was not done. That order was made on February 14,1900, and even if it could be treated as a final decree, this appeal would be outside the statutory limit, and too late.
The agreement made by counsel, September 9, 1901, is not a decree and cannot be so regarded. This court will not proceed even with the consent of the parties, in cases where no judgment or decree has been entered by the…
2Cases cited9 opinions
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