McHenry Lumber Co. v. Second National Bank

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from a judgment in favor of defendant, as executor of the estate of E. W. Mulligan, deceased. The suit was in assumpsit, and the judgment was entered because the statement of claim showed that no recovery could be had in that form of action. The claim was first presented to the orphans’ court, on the audit of the executor’s account; it was dismissed for want of jurisdiction, because it involved an inquiry into the internal management of a foreign corporation, and the decree was affirmed for that reason: Mulligan’s Est., 274 Pa. 398. Plaintiff…