Jones v. McDowell

Citations

• 41 Pa. Super. 42
• 1909 Pa. Super. LEXIS 8

Syllabus

<p>Mortgage — Attorney’s commissions — Discretion of court — Appeals.</p> <p>The action of the common pleas in refusing to strike off the attorney's commission in the assessment of damages in a mortgage foreclosure proceeding, will not be set aside unless this be so plainly erroneous as will amount to abuse of discretion. Such an application is an appeal to the equitable jurisdiction of the court whose duty it is to weigh the testimony, determine the facts and exercise a sound discretion in the premises.</p>