Amarnek v. Rees

Citations

• 69 Pa. Super. 487
• 1918 Pa. Super. LEXIS 114

Syllabus

<p>Appeals — Assignments of error — Case tried by the court without a fury — Exceptions—Rulings on evidence.</p> <p>Where a case is tried by a judge without a jury and judgment is entered on conclusions of fact and law found by him, a general assignment alleging error in entering judgment, is not good, if the record shows that no exceptions were taken to the findings of the trial court, and that no points of law were reserved.</p> <p>An assignment of error to the admission of evidence or to the refusal to strike out testimony will not be considered where no exceptions were taken to the action of the court, and the assignments themselves did not set forth the action of the court as required by Rule 28.</p> <p>An assignment of error which is a statement of a conclusion, violates Rule 28 and will not be considered.</p> <p>Part of the opinion of the court quoted in an assignment of error, which is a summary of the conclusions arrived at from a consideration of the evidence, will not be considered where it appears that no exception was taken to such portion of the opinion.</p>