Legal Opinion

MacDowell v. Ackley

Supreme Court of Pennsylvania

Decided February 25, 1880PublishedCited by 2 opinions

Error to the Court of Common Pleas, No. 2, of Philadelphia county : Of January Term 1880, No. 146. Case stated for the opinion of the court wherein Blanche R. MacDowell, guardian of Caroline G. MacDowell was plaintiff, and Shreve Ackley and others, officers and members of the Philadelphia Stock Exchange, were defendants.

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Error to the Court of Common Pleas, No. 2, of Philadelphia county : Of January Term 1880, No. 146. Case stated for the opinion of the court wherein Blanche R. MacDowell, guardian of Caroline G. MacDowell was plaintiff, and Shreve Ackley and others, officers and members of the Philadelphia Stock Exchange, were defendants. The case as stated in the nature of a special verdict, with power to the court to draw the same inferences of fact as a jury might draw, was in substance as follows: James J. MacDowell, the deceased, father of Caroline G. MacDowell, purchased a seat in The Philadelphia Stock…

1Opinion of the CourtJustice Mercur

delivered the opinion of the court, May 3d 1880._

This was a case stated. It was agreed that certain facts “be stated for the opinion of the court in the nature of a special verdict with power to the court to draw the same inferences of fact as a jury might draw.” Afterwards the matter was referred to a referee under the Act of 14th May 1874. He decided in favor of the defendant, and entered judgment accordingly. It may be that the referee was rather liberal in his inferences of fact under the submission; but no exceptions were filed, nor is any error assigned by reason thereof. The complaint…

2Cited by2 opinions

  1. Evans v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
  2. Manning v. ShoemakerSuperior Court of Pennsylvania · 1898

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