Evans v. Goodwin

Citations

• 132 Pa. 136
• 19 A. 49
• 1890 Pa. LEXIS 780

Syllabus

<p>1. Where the defendant in a bill in equity has conceded the jurisdiction, so far as may be implied from his failure to demur, and his subsequent acquiescence in tire reference of the cause upon answer and replication to a master, after such reference, involving heavy costs, the case should be very clear to justify setting the proceedings aside for want of jurisdiction.</p> <p>2. The plaintiff, an assignee for creditors, finding among the assets a paper reciting that defendant had received certain notes of the assignor, the proceeds to be used in the purchase of stock, the stock to be sold only by consent, and the profits or loss to be shared by the parties, his bill filed for the sale of the stock and for an account, was properly disposed of by final decree after the repoi't of a master upon the merits.</p>