Fleer v. Reagan

Citations

• 24 Pa. Super. 170
• 1904 Pa. Super. LEXIS 149

Syllabus

<p>Practice — Trial by court without a jury — Act of April 22, 1874 — Exceptions — Review—Appeals.</p> <p>The appellate court will not review findings of fact and conclusions of’ law in a case tried by the court below without a jury in accordance with the'provisions of the act of April 22, 1874, where no exceptions have been filed to the findings of fact or conclusions of law as required by that court. As the proceeding in such a case is out of the course of the common law, the statute must be strictly followed.</p> <p>Practice, C. P__Findings of facts — Conclusiveness—Appeal.</p> <p>Findings of fact by the court in a case tried without a jury when based upon sufficient evidence have the force of the verdict of the jury, and will not be reversed by the appellate court in the absence of manifest error.</p> <p>Slander — Justification—■Trial by court without a jury — Findings of fact.</p> <p>In an action for slander, it appeared that the plaintiff was spoken of by the defendant at a public meeting as follows: “He whilst a councilman defrauded the borough out of money by having a private sewer constructed in his place for which the borough paid.” The case was tried without a jury and the judge found upon competent evidence that plaintiff while a member of the borough council and of the committee having charge of the construction of sewers, in disregard of his duty, and without permission of the borough, induced the contractor to build a private sewer on his own land at an expense to the borough of an amount stated, and never reported the transaction to council. Held, that a judgment for defendant should be sustained.</p>