McGaughey v. McGaughey

Citations

• 44 Pa. Super. 29
• 1910 Pa. Super. LEXIS 117

Syllabus

<p>Practice, C. P. — Case tried by the court without a jury — Findings of fact.</p> <p>1. The findings of fact by the court in a case tried by the court without a jury, when based upon evidence, will, in an appellate court, have the force of the verdict of a jury, and wall not be reversed in the absence of manifest error.</p> <p>Payment — Payment into court — Assignments of debt — Judgment.</p> <p>2. While an obligor cannot make a legal payment after notice of an assignment of a debt to a use plaintiff, this does not prevent his relieving himself from the debt, interest and costs, by turning the fund over to the court for disposition, so as to ascertain who is the substantial plaintiff.</p>