Jones v. Weir
Supreme Court of Pennsylvania
Jones v. Weir, 213 Pa. 135 (Pa. 1905)
62 A. 643; 1905 Pa. LEXIS 392
Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart
Jones v. Weir
Opinion of the Court
The court below made no findings of fact, and there is therefore nothing of record to sustain its decree. This is a plain disregard of the equity rules, and if we should consider the merits of the case in its present condition we should be obliged to examine the evidence in detail, make the findings of fact for ourselves, and thus assume the duties of the court of first instance.
The decree is reversed and the injunction dissolved, with directions to the court to vacate the appointment of the receiver, and compel an immediate accounting by him. The case may then proceed in the regular way to final hearing.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Equity — Equity practice — Failure to find facts — Receiver. The Supreme Court will reverse a decree of the court of common pleas appointing a receiver where the court below made no findings of the facts upon which the decree was based.