Markle v. Wilbur

Decided October 11, 1901

Supreme Court of Pennsylvania · decided 1901-10-11

Appeal, No. 80, Jan. T., 1900, by plaintiffs, from decree of C. P. Luzerne Co., Oct. T., 1895, No. 14, on bill in equity in case of George B. Maride et al. v. E. P. Wilbur et al. Bill in equity for an account of the affairs of George B. Maride & Company. From the record it appeared that Alvan Maride withdrew as a party plaintiff after the evidence was heard, but before the decree was entered. The facts appear by the report of Maride v. Wilbur (No. 1), ante, p. 457.

Reversed · Decided 1901-10-11

¶1Opinion by

Mb. Justice Dean,

¶2Our opinion this day handed down, in the appeal of E. P. Wilbur, and others, from the same decree, expresses our opinion as to the issue raised by this appeal. The decree of the court below is reversed; but as appellant was one of the parties plaintiff in the bill and did not withdraw until after the evidence was heard, although before decree, the latter may in part be considered, as attributable to his attitude at the commencement of and during the course of the proceedings; therefore, it is directed that he pay the costs of his appeal to this court.