Opinion
Argued November 18, 1954.
January 7, 1955.
Appeals — Review — Fact-findings.
Findings of fact by the court below which are supported by the evidence and confirmed by the court en banc are conclusive upon appeal; and where the fundamental Issues In the case are factual the judgment must be affirmed.
Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 326, Jan. T., 1954, from decree of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1953, No. 6846, in case of Bernard Kane v. Victor D'Orazio, Frank Sicilia, Dorcy Construction Co., Inc., B. J. Lucarelli Co., Inc. and Manufacturers Casualty Insurance Company. Decree affirmed.
Audit of account of receiver. Before SMITH., P.J.
Order entered dismissing exceptions and confirming account. Exceptant appealed.
Henry T. Reath, with him Joseph M. Hartley, Jr., John B. Martin, J. Grant McCabe, III and Duane, Morris Heckscher, for appellant.
Abraham Levin, with him J. Myron Honigman and Herman Eisenberg, for appellee.
The fundamental issues in this case are factual. Since the findings are supported by the evidence and were confirmed by the court en banc, they are binding upon us. As a consequence, the legal question, which the appellant advances, is not germane to the present record. The opinion of the late President Judge SMITH for the court below fully justifies that court's findings and conclusions.
Decree affirmed at appellant's costs.