KANE v. D'ORAZIO ET AL

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.

OPINION PER CURIAM, January 7, 1955:

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.