Commonwealth v. Magee
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1903, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1902, No. 4508, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Charles J. Beckingham v. James E. Magee and Robert J. Barr. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 2, Oct. T., 1903, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1902, No. 4508, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Charles J. Beckingham v. James E. Magee and Robert J. Barr. Rule for judgment for want of a sufficient affidavit of defense. Plaintiff’s statement averred an award by the orphans’ court to plaintiff of $889.70, as a creditor of the estate of Margaret Dalton, deceased; that said court had confirmed a sale of certain real estate for payment of debts ; that appellant was…
1Opinion of the Court
Opinion by
Orlady, J.,
This action is founded on an award of the orphans’ court and *331is against the principal and surety in a bond conditioned that James E. Magee should faithfully execute the trust and properly appropriate the proceeds of the sale of certain real estate of Margaret Dalton, deceased, according to the trust and decree of the court and according to law. The appeal is from the judgment entered for want of a sufficient affidavit of defense, which judgment is resisted on the ground that the statement does not aver that the award to the plaintiff was out of the proceeds of the sale of…
2Cases cited3 opinions
- Peale v. AddicksSupreme Court of Pennsylvania · 1896
- Acme Manufacturing Co. v. ReedSupreme Court of Pennsylvania · 1897
- Gould & Co. v. Gage, Hitchcock & Co.Supreme Court of Pennsylvania · 1888
3Cited by2 opinions
- Commonwealth v. MageeSupreme Court of Pennsylvania · 1908
- Commonwealth v. MageeSuperior Court of Pennsylvania · 1907