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2 Yeates 513

Warder v. Parker

Supreme Court of Pennsylvania

Decided December 15, 1799

Supreme Court of Pennsylvania · decided 1799-12-15

The plaintiff excepted to a report of referees, finding a balance in bis favor of 931 dollars and 22 cents, on the following specified grounds: 1st, The referees have adopted a clear mistake of a principle of partnership, allowing to the defendants a considerable sum by an erroneous statement on a joint transaction, in which the parties were equally interested, when in fact the adventure yielded no profit, but was attended with a heavy loss. 2d, The referees have mistaken a…

Decided 1799-12-15

By the court.

¶1After a fair and patient investigation by judges of the parties’ own choosing, who have finally decided on the matters submitted to them, tbe proofs must be very strong to justify the court’s interposition and setting aside the report. But'where manifest injustice has been done, where a clear error has occured either in law or fact, and the same is made plainly to appear to the court, it is their duty to exercise their super*514intending authority. Such have been our repeated decisions, and such is the law of the land.

Messrs. Ingersoll and Rawle,pro quer.Messrs. E. Tilghman, M’Kean and Hallowel, pro def.

¶2The plaintiff took judgment on his report.

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