The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 12

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...Black. considered, and the court is aware that the courts in many counties of the state have set aside judgments entered by justices more than ten days after all the evidence has been taken as being iu violation of the terms of the Act. These decisions are entitled to great respect, but, nevertheless, the rulings and dicta of the Supreme Court in analogous cases, the decisions of courts of other states and of England, the conclusions reached by the text writers, and the opinion of Judge Thayer, all compel the court to hold that the provision of the Act is directory, and that the magistrate's neglect of his duty does not affect the validity of the judgment. The defendant also contends that the judgment is void because it was entered without notice. The Act of March 20, 1810, 5 Sm. Laws, 161, requires justices "to give judgment publicly." The defendant's counsel knew that the magistrate had fixed no time for entering judgment. Indeed, more than ten days after the testimony had all been taken he wrote to the magistrate, "should your honor have any difliculty in reaching a decision in this case, I beg to say that it would afford me pleasure to reargue it or to submit supplemental paper-book." He was informed of the entry of judgment upon the day when it was entered, and it is hard to see how he has been prejudiced by the failure of the magistrate to summon him to his office and enter judgment in his presence. The reason assigned does not seem to be suflicient to necessitate the setting aside of the judgment. The exceptions to the magistrate's record are dismissed. Ellis's Estate. Decede-nt'a estaIe--Gift by decedent----E'vidence--Find2'ng of facts by auditing judge. In the absence of clear...