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Reports of Cases Decided by the Supreme Court of Pennsylvania; Which Have Been Omitted from the Regular Reports

Reports of Cases Decided by the Supreme Court of Pennsylvania; Which Have Been Omitted from the Regular Reports


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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. 1889 edition. Excerpt: ...no power to declare any amount as due to Graber from the. Executrix for that would he making-a distribution. As it appears that the attorney for the Executrix agreed to it, there should have been suit on the agreement not by certificate under Act of March 29,1832, P. Laws 197. The Scire Facias should not have been against the Executrix in her oflicial, but in her private character; Rowland vs. Harbaugh, 5 Watts 365. The Act of April 14, 1851, P. Laws 625, authorizing judgment for want of Aflidavit of Defence does not embrace a certificate from the Orphans Court. Judgment can not be taken against an Executrix for want of an Aflidavit of Defence. John W. Ryan and A. W. Schalck, E'sqs., for Graber, argued that the refusal to strike olf the judgment was not reviewable; White vs. Leeds, 1 P. F. Smith, 189. That Graber could issue the Scire Facias. Act March 29th, .1832, P. Laws 197, Sec. 29. P. Dig. 551, Pl. 216, and this form was approved in McCracken vs. Graham, 2 Harris, 210. The addition of Executrix is proper; Commonwealth vs. Snyder, 12 P. F. Smith, 153; or is merely surplusage; and where executrix had full opportunity of knowing the merits of controversy judgment for want of an afiidavit may be taken, Bayard vs. Gillespie, 1 Miles, 258. This certificate is within the Aflidavit of Defence law, Moore vs. Fields, 6 Wright, 471. Harris vs. Commonwealth, 11 Casey, 416. McCleary vs. Faber, 6 Barr, 477. Hogg vs. Charlton, 1 Casey, 200. Lukenbach vs. Anderson, 11 Wright, 123. The Orphans Court had jurisdiction over the account, to make distribution; Ashford vs. Ewing, 1 Casey, 213; Whitemde vs. Whiteside, 8 Harris, 473. And its decree is not void for irregularities, and cannot be questioned in this proceeding. Painter...


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Product Details
  • ISBN-13: 9781234273552
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 202
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1234273551
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr


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