Moore v. Fields
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an action brought in tbe District Court by Thomas C. Fields, public administrator of tbe city of New York, and administrator of William Moore, deceased, against Richard M. Moore and Jonathan R. Moore, discharged administrators of William Moore, deceased. The action was in debt, founded upon the record of the Surrogate’s Court of the city of New York, an exemplified copy of which was filed by the plaintiff.
Read the full summary
Error to tbe District Court of Philadelphia. This was an action brought in tbe District Court by Thomas C. Fields, public administrator of tbe city of New York, and administrator of William Moore, deceased, against Richard M. Moore and Jonathan R. Moore, discharged administrators of William Moore, deceased. The action was in debt, founded upon the record of the Surrogate’s Court of the city of New York, an exemplified copy of which was filed by the plaintiff. The defendants filed affidavits of defence, which the court below ruled to be insufficient, and ordered judgment for the plaintiff,…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Woodward, J.
This was an action of debt upon the record of the Surrogate’s Court, in and for the city of New York, and the first question raised for us to decide is, whether such an action is within what we call the Affidavit of Defence Law. It is enough to say of that question, that it has been decided by the authorities, against the plaintiff in error: McCleary v. Faber, 6 Barr 476; Hogg v. Charlton, 1 Casey 200.
The second specification of error relates to a question of evidence which does not arise of course, for there was no trial.…
2Cases cited1 opinion
- M'Cullough v. YoungSupreme Court of Pennsylvania · 1803
3Cited by9 opinions
- Laughlin v. SolomonSupreme Court of Pennsylvania · 1897
- Michigan Trust Co. v. FerryCourt of Appeals for the Eighth Circuit · 1910
- Shinn's EstateSupreme Court of Pennsylvania · 1895
- Mansfield v. McFarlandSupreme Court of Pennsylvania · 1902
- Brown v. HughesDistrict Court, M.D. Pennsylvania · 1955
4 more not listed; retrieve them via the Exa API.