Bestwick v. Ormsby Coal Co.

Decided October 28, 1889

Supreme Court of Pennsylvania · decided 1889-10-28

No. 16 October Term 1889, Sup. Ct.; court below, No. 67 March Term 1888, C. P. On February 24, 1888, Thomas Bestwick, trustee, brought assumpsit against the Ormsby Coal Co., Limited, for royalties alleged to be due under a mining grant, for the year 1887. Issue. On May 14, 1888, it was agreed that the cause be submittedto the decision of McMichael, J., 17th district, without a jury.

Cited by 3 later decisions — most recently October 1933

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-28

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¶1Opinion,

Mb. Justice Stebbett :

¶2By agreement of counsel, this cause was tried by the court below without the intervention of a jury. All the facts necessary to a proper understanding of the questions that arose appear in the record that was made up by the learned judge who presided at the trial. The cause was well tried. The questions ' now presented by the specifications of error appear to have been fully considered and correctly disposed of. We find nothing in the record that calls for a reversal of the judgment. For the reasons given in the decision of the learned judge, and in his opinion overruling exceptions thereto, the judgment should be affirmed.

¶3Judgment affirmed.