Miltenberger v. Commonwealth
Supreme Court of Pennsylvania
Writ of error to the District Court of Allegheny county, at the instance of George Miltenberger, et al. v. The Commonwealth of Pennsylvania for the use of John Sheriff.
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Writ of error to the District Court of Allegheny county, at the instance of George Miltenberger, et al. v. The Commonwealth of Pennsylvania for the use of John Sheriff. This was an action of debt on the administration bond of M. B. Miltenberger and William Graham, jr., administrators of Joseph Oliver, deceased, in the penalty of $30,000, dated in 1833. This bond was taken by the register of Allegheny county, when letters of administration were granted by him to said administrators, and is in the usual and legal form. George Miltenberger and Samuel Johnston were the securities in said bond. M.…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The error assigned in relation to the matter contained in the special plea of defendant below, is fully and finally disposed of, by the case of Commonwealth v. Patterson, 8 Watts 515, in which it was ruled by this court, that the limitation to an action against sureties of administrators, contained in the 2d section of the act of 4th April, 1797, is not applicable to an original administration bond taken by the register, but only to an additional bond, given by the executor or administrator by order of the Orphan’s Court. This suit being…
2Cases cited1 opinion
- Commonwealth v. PattersonSupreme Court of Pennsylvania · 1839