Kelly v. Donnelly

Citations

• 16 Pa. Super. 363
• 1901 Pa. Super. LEXIS 78

Syllabus

<p>Equity — Equity practice — Death of chancellor after report filed — Passing upon exceptions.</p> <p>To “ pass upon ” exceptions to the report of a judge who has tried an equity case, within the meaning of the equity rules, implies a decision after due consideration of the questions properly raised by them. This rule may not be waived by the parties.</p> <p>Where a judge who has tried an equity case, dies after his report has been filed, the other judges of the court have no power to enter a decree in accordance with the report without hearing and passing upon the exceptions filed. The reason given that the judges did not care to review findings of their deceased brother, is not a sufficient warrant to justify such practice.</p>