Johnstone v. Fritz
Supreme Court of Pennsylvania
Appeal, No. 55, Oct. T., 1893, by defendant, S. Fritz, guardian of Thomas Johnstone, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 588, on verdict for plaintiff, A. A. Johnstone. Assumpsit for maintenance furnished defendant’s ward. At the trial, before Magee, J., it appeared that plaintiff was the elder brother of Thomas Johnstone, defendant’s ward.
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Appeal, No. 55, Oct. T., 1893, by defendant, S. Fritz, guardian of Thomas Johnstone, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 588, on verdict for plaintiff, A. A. Johnstone. Assumpsit for maintenance furnished defendant’s ward. At the trial, before Magee, J., it appeared that plaintiff was the elder brother of Thomas Johnstone, defendant’s ward. Plaintiff claimed to recover $395.62 as a balance owing to him for board and clothing furnished to his brother. Plaintiff also claimed to recover $25 for expenses incurred in securing thé ward’s acquittal of the charge of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In the view we take of this case, it is unnecessary to consider the errors assigned on the record. Had the purpose of the action brought been to charge the guardian individually, the jurisdiction must have been conceded and the merits of the claim have been considered; but having been to charge the minor’s estate, the want of jurisdiction is so plain that this court is compelled suo motu to take notice of it. The act of 1832 gave the orphans’ court exclusive jurisdiction of the estates of minors and of the settlement of the accounts of their guardians ;…
2Cases cited2 opinions
- Morris v. GarrisonSupreme Court of Pennsylvania · 1856
- Commonwealth ex rel. Raser v. RaserSupreme Court of Pennsylvania · 1870
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