Finkelstein v. Spatt

Citations

• 50 Pa. Super. 293
• 1912 Pa. Super. LEXIS 45

Syllabus

<p>Arbitration — Finding of referee — Conclusiveness of finding — Local Act of April 6, 1869, P. L. 725.</p> <p>1. The findings of fact of a referee appointed under the Local Act of April 6, 1869, P. L. 725, supported by evidence, and approved by the court of common pleas, has, on appeal (which operates only as a writ of error) the conclusiveness of a special verdict of the jury; and particularly is this true when they depend upon oral testimony.</p> <p>Evidence — Pleading—Variance—Allegata and probata — Trial on permits.</p> <p>2. A variance between the allegata and the proof cannot be alleged as a ground for reversal after a trial upon the merits, where it appears that the proof was admitted without objection, that no surprise was alleged, and no continuance requested; and it does not appear distinctly that an objection was raised during the trial by any specific request or point mentioning variance as a ground for defeating the action.</p>