Swoope v. Wakefield

Citations

• 10 Pa. Super. 342
• 1899 Pa. Super. LEXIS 288

Syllabus

<p>Practice, Superior Court — Equity—Appeals—Binding force of Supreme Court equity rules — Necessity for brief statement of errors alleged.</p> <p>The equity rules published by the Supreme Court are prescribed under the authority of statute and have the force of law; they govern all equity proceedings in any of the courts of the commonwealth and are to be complied with in the Superior Court as fully as in the Supreme Court. A failure to file in the lower court a brief statement of errors alleged to have been made by an order or decree appealed from furnishes ground for quashing an appeal unless in the discretion of the appellate court they are permitted to be filed nunc pro tune.</p> <p>Equity practice — Effect of neglect to file exceptions to referees ruling in court below.</p> <p>Where no exception to a ruling by a referee is filed after the report is made, in accordance with Rule 69 of the Supreme Court, the appellate court will not consider specifications of error for the reason that the question involved therein was not raised in the court below.</p> <p>Partnership — Dissolution by assignment.</p> <p>An assignment by one partner of his interests in a partnership works a dissolution thereof unless the articles provide otherwise.</p> <p>Partnership — Go-operative association — Withdrawal—Effect of assignment by member.</p> <p>Where the by-laws of a co-operative partnership association provide for the withdrawal of old and reception of new members under methods provided therein, a general assignment by a member constitutes a voluntary withdrawal subject to the provisions of the constitution and by-laws and the purchaser at the assignee’s sale of the assignor’s interest in such association becomes entitled only to the surrender value of shares of stock to which the assignor would have been entitled as a withdrawing member.</p>