Allison v. Gilton

Citations

• 1 Monag. 737
• 16 A. 734
• 1889 Pa. LEXIS 1291

Syllabus

<p>Upon the preparation of the report of a, referee, under the Act of May 24, 1874, counsel accepted notice in writing, at the end of the report, “ that the foregoing decision would he filed ” on a day named. Subsequently, the referee, after • adding an explanatory supplement to his decision, filed it on the day designated.No notice by the prothonotary of the filing of the report was given, as required by the Act of April 22,1874, to the parties or their attorneys. Exceptions were filed by the plaintiff before the referee, which were dismissed. Judgment was entered upon the referee’s report. On writ of error, the plaintiff assigned for error the failure of the prothonotary to give notice; that the referee’s findings of facts and conclusions of law were not separately and distinctly stated; and that the exceptions were dismissed without hearing argument. Held, that, inasmuch as the record showed that notice of the intended filing of the report was accepted by the plaintiff, notice by the prothonotary was unnecessary. JHeld, also, that the plaintiff’s other allegations were not sustained by the record.</p> <p>The report of a referee, as to finding of facts, is entitled to the same weight as the verdict of a jury.</p>