Evans v. Quinlan

Citations

• 240 Pa. 298
• 87 A. 858
• 1913 Pa. LEXIS 665

Syllabus

<p>Equity — Equity practice — Court and jury — Verdict of jury— Right to set aside — Requests—Taking of testimony — Adjudication — Discussion of points involved.</p> <p>1. In the trial of an equity case the testimony should be taken before the court if the case is not sent, to a referee under the rules. It is irregular to appoint a “commissioner” to take testimony, but where the court has rejected the report of such commissioner, has sent the case to a jury to decide certain defined issues, and afteir receiving the verdict of the jury has rejected the same and made findings of fact and conclusions of .law on the testimony taken before the court and jury,- the decree will not be reversed by reason, of such irregularity of proceeding. The verdict of the jury is not conclusive on the court and it may refuse to accept the findings thereof, where it believes the verdict to be against the weight of the evidence.</p> <p>2. A chancellor may not be called upon by a request to find that certain testimony was presented upon a given issue; it is his duty to find all material disputed facts, but not-what the proofs were in regard thereto. -</p> <p>3. Custom and good practice dictate that a chancellor shall incorporate in his adjudication a discussion of the salient points involved in the case, including, when useful, references to the testimony.</p>