Miller v. Cambria County

Citations

• 25 Pa. Super. 591
• 1904 Pa. Super. LEXIS 119

Syllabus

<p>Practice, C. P. — Amicable action — Agreement—Case stated.</p> <p>Where two persons cause to be filed in the records of the court of common pleas as of a certain term, a paper, the caption of which shows that the parties have assumed the positions of plaintiff and defendant, and the body of the paper stipulates that the cause shall be tried by the court without a jury, the court will construe the paper as an agreement for an amicable action under the Act of June 13, 1836, P. L. 568, and this is so, although the parties may have designated the paper as a case stated.</p> <p>Practice, C. P. — Trialby court without a jury — Exceptions—Act oj April 22, 1874, P. L. 109 — Quashing appeal.</p> <p>An appeal taken before exceptions have been filed to the decision of the court in a case tried b37' the court without a jury, will be quashed, unless the order of the court below is so drawn as to raise the presumption that the court intended the prothonotary to enter a final and absolute judgment forthwith, and to deny to the parties the right to file exceptions, and to a hearing thereon.</p>