Small's Appeal

Supreme Court of Pennsylvania

Small's Appeal

15 A. 767, 1 Monag. 664, 1888 Pa. LEXIS 735

CourtSupreme Court of Pennsylvania

DecidedOctober 1, 1888

DocketAppeal, No. 27

StatusPublished

Cited by3 cases

This text of 15 A. 767 (Small's Appeal) 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

Small's Appeal, 15 A. 767, 1 Monag. 664, 1888 Pa. LEXIS 735 (Pa. 1888).

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Opinion

Sterrett, J.,

The very elaborate argument of the learned counsel for appellants has failed to convince us that the decree complained of should be reversed. In view of the delay and very considerable expense that have resulted from these proceedings, it is to be regretted that their radically defective character was not sooner brought to the attention of the court and the proper remedy applied. The want of jurisdiction, made manifest by the clear and exhaustive report of the learned auditor, was necessarily fatal at any stage of the proceedings. Everything that can be profitably said, on the questions involved, may be found in the auditor’s report and opinion of the court below. For reasons there given, the decree should not be disturbed.

Decree affirmed and appeal dismissed at appellant’s costs.

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Sterrett, J.,

The very elaborate argument of the learned counsel for appellants has failed to convince us that the decree complained of should be reversed. In view of the delay and very considerable expense that have resulted from these proceedings, it is to be regretted that their radically defective character was not sooner brought to the attention of the court and the proper remedy applied. The want of jurisdiction, made manifest by the clear and exhaustive report of the learned auditor, was necessarily fatal at any stage of the proceedings. Everything that can be profitably said, on the questions involved, may be found in the auditor’s report and opinion of the court below. For reasons there given, the decree should not be disturbed.

Decree affirmed and appeal dismissed at appellant’s costs.

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Bluebook (online)

15 A. 767, 1 Monag. 664, 1888 Pa. LEXIS 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smalls-appeal-pa-1888.

Opinion

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