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2 Pennyp. 483

Albright v. Leiser

Supreme Court of Pennsylvania

Decided May 15, 1882

Supreme Court of Pennsylvania · decided 1882-05-15

Assumpsit by Chester E. Albright against Jacob J. Leiser. After the case was at issue, it was submitted to Lewis V. Housel, as referee, by agreement. The referee filed his report August 9th, 1879, and on the 12th of .the same month exceptions were filed.

Decided 1882-05-15

— Per Curiam:

¶1We have nothing on this record from which we can say that there was any error in the judgment of the Court below. It is, perhaps, the misfortune of the plaintiff in error that the report of the referee was accidentally destroyed by fire. There was clearly no power in the Court to set aside the submission. The referee had acted and made his report, and, unless it is made to appear that there was error in it, we cannot reverse the judgment.

¶2Judgment affirmed.

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