184 Pa. 585 | Pa. | 1898
Opinion by
The rules regulating the practice in equity in the several? courts of this commonwealth were amended by this Court on. the 15th day of January, 1894, and it was then ordered that the said amendments should take effect on the first Monday of' the March following, and be applicable to all causes in equity brought, or put at issue, after that date. Among these amendments was one which provided as follows: “ The office of master-in chancery is hereby discontinued except in proceedings where decrees or interlocutory orders are to be executed or their execution supervised by an officer of the court.” The trial of causes in equity was to be conducted before a referee or in open, court, and to be conducted “ as near as may be as a trial at law is now conducted.” The plaintiff’s bill was filed in this case • between six and seven months after these amended rules went into operation. Some two months later, or on the 17th day of" December, 1894, the court below appointed a master and directed' that the cause be proceeded in before him to a final determination. This was about ten months after the office of master had! ceased to exist as a part of the machinery for the trial of causes;-in equity, and conferred no authority on the appointee. Thev
The record is remitted to the court below and a procedendo directed.