Wall v. Knapp

Citations

• 134 Pa. 53
• 26 W.N.C. 2
• 19 A. 436
• 1890 Pa. LEXIS 666

Syllabus

<p>[To be reported.]</p> <p>1. Although the act of April 6, 1869, P. L. 725, authorizing the reference of civil actions in Bradford county, and its supplement, do not expressly direct that notice of the filing of the referee’s report shall be given to parties or their counsel, its provisions contemplate that time and opportunity shall be afforded for its examination, and for the correction, before the referee of any errors, either in the findings of fact or in the conclusions of law, and for excepting to the report as revised.</p> <p>2. Wherefore, upon a proper construction of the act, it is error for a referee to file his report and have judgment entered thereon, without first notifying the parties or their counsel that it is ready for filing, and giving them an opportunity to inspect it and to apply to him for such corrections ; but, even if the construction of the aet were doubtful, it is the duty of the court so to mould the course of proceedings under it, as to make them conform as nearly as possible to the principles of the common law.</p>