Laird v. Laird

U.S. Court of Appeals for the Third Circuit October 29, 1888

Laird v. Laird, 1 Monag. 755 (3d Cir. 1888)

15 A. 898; 1888 Pa. LEXIS 743

Opinion of the Court

Per Curiam,

It is a mistake to suppose that an appeal lies from a court of common pleas in an action of partition. Tbe facts involved in such a case can be reviewed in this court only *757on a writ of error. We must, therefore, disregard the appeal. As on the certiorari we can only pass on the regularity of the record, which in this case seems to be unexceptionable, we can do no otherwise than affirm the action of the court below. An allowance for counsel fees is warranted by the statute, and whether the amount fixed by the, common pleas was or was not too large we have no means of judging, as we are not permitted to pass upon the evidence which induced the action of the court.

The judgment is affirmed.

Reference

Full Case Name: Laird's Appeal. [Laird v. Laird.]
Status: 1
Syllabus: An appeal does not lie from a decree of partition in the common pleas. The facts involved in such a case can only be reviewed by the supreme court on a writ of error. Exceptions were filed to the allowance of counsel fees in partition, which were dismissed June 11,1887. On June 20, the court ordered the costs of partition to be paid by the exceptant, except the counsel fees as taxed by the court, “which sum is to remain to abide the judgment of the supreme court, should an appeal or writ of error be taken.” On July 2, the court granted leave to issue execution for the counsel fees. An appeal was taken July 2, and certiorari, tested July 4. It did not appear that execution was issued. Held that the proceedings should be affirmed.