Haller's Case

Citations

• 44 Pa. Super. 481
• 1910 Pa. Super. LEXIS 203

Syllabus

<p>Appeals — Quashing appeals — Auditor’s report — Exceptions—Petition for rehearing.</p> <p>1. Where exceptions to an auditor’s report are dismissed, and the losing party, without taking an appeal, petitions for a rehearing a decree dismissing such petition is not reviewable on appeal. The pending of such a petition for rehearing does not extend the time for appeal.</p> <p>2. Even though the petition for a rehearing should be treated as a petition for a bill of review, the party losing has no standing to appeal unless he shows that his application was founded either on error in law apparent on the record without the aid of extrinsic evidence, or on matters of fact dehors the record, which had arisen or been newly discovered since the decree, and could not, by the exercise of reasonable diligence have been discovered before.</p>