Bracht v. Connell

Supreme Court of Pennsylvania

Bracht v. Connell

178 A. 386, 318 Pa. 263, 1935 Pa. LEXIS 558

CourtSupreme Court of Pennsylvania

DecidedMarch 26, 1935

DocketAppeal, 119

StatusPublished

This text of 178 A. 386 (Bracht v. Connell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bracht v. Connell, 178 A. 386, 318 Pa. 263, 1935 Pa. LEXIS 558 (Pa. 1935).

Pincite

Opinion

Per Curiam,

This appeal, by the First National Bank of Oil City, is from the refusal of the court below to award to it the balance, after payment of counsel fees, of a fund determined to be due O. B. Bracht on an accounting of his partnership with W. L. Connell and H. C. Laub. The bank claims this sum by virtue of written assignments made to it by Bracht.

The correctness of appellant’s position is not contested, and the court below states in its opinion that upon reconsideration of the matter it would have entered the order prayed for, except for the fact that the taking of the appeal had ousted its jurisdiction by removal of the record. We are of opinion that the record should be remitted to the court below for the purpose of entering an order allowing to the First National Bank the balance of the fund remaining after payment of reasonable counsel fees to the attorneys for Bracht.

Decree reversed, costs to be paid from the fund so realized.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,

This appeal, by the First National Bank of Oil City, is from the refusal of the court below to award to it the balance, after payment of counsel fees, of a fund determined to be due O. B. Bracht on an accounting of his partnership with W. L. Connell and H. C. Laub. The bank claims this sum by virtue of written assignments made to it by Bracht.

The correctness of appellant’s position is not contested, and the court below states in its opinion that upon reconsideration of the matter it would have entered the order prayed for, except for the fact that the taking of the appeal had ousted its jurisdiction by removal of the record. We are of opinion that the record should be remitted to the court below for the purpose of entering an order allowing to the First National Bank the balance of the fund remaining after payment of reasonable counsel fees to the attorneys for Bracht.

Decree reversed, costs to be paid from the fund so realized.

Cite This Page — Counsel Stack

Bluebook (online)

178 A. 386, 318 Pa. 263, 1935 Pa. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bracht-v-connell-pa-1935.