Bertram v. Petrovsky

Citations

• 49 Pa. Super. 426
• 1912 Pa. Super. LEXIS 346

Syllabus

<p>Practice, C. P. — Case stated — Essentials of case stated — Submission under the Act of April 22,1874, P- A-109.</p> <p>1. It is essential to a case stated that all the material facts be agreed upon so that the court may have nothing to do but to pronounce the law arising out of them.</p> <p>2. Where, after a jury has been sworn and testimony introduced, counsel enters into a colloquy taken down by the official stenographer, which results in the withdrawal of a juror and an understanding by the judge that he is to pass upon the whole subject-matter “under the pleadings, evidence and admissions in this case,” the subsequent findings of fact, conclusions of law and judgment by the court, are wholly invalid, inasmuch as the agreement is bad as a case stated, and cannot be sustained-as a submission under the Act of April 22,1874, P. L. 109.</p>