Green v. Mills
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: Of January Term 1883, No. 263. This was a feigned issue directed by the Orphans’ Court of Susquehanna county to the Court of Common Pleas of said county, to determine a certain issue of fact arising in the course of distribution of the estate of Henry Mills, deceased. A verdict and judgment were entered for the plaintiff in the issue.
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Error to the Court of Common Pleas of Susquehanna county: Of January Term 1883, No. 263. This was a feigned issue directed by the Orphans’ Court of Susquehanna county to the Court of Common Pleas of said county, to determine a certain issue of fact arising in the course of distribution of the estate of Henry Mills, deceased. A verdict and judgment were entered for the plaintiff in the issue. Thereupon, and before the said judgment was certified to the Orphans’ Court, or any final decree was entered in the Orphans’ Court, the defendant in the issue took tliis”writ of error, assigning a number…
1Opinion of the CourtChief Justice Mercur
This was a feigned issue sent to the common pleas by the Orphans’ Court. Its purpose was to aid the latter in the distribution of a fund. The Orphans’ Court, however, is not bound by the verdict and judgment in the common pleas. If on an examination of the evidence it is dissatisfied with the result, it may decree as it deems just, regardless of the opinion of the jury : Hallowell’s Appeal, 8 Harris 215. Then the judgment in a feigned issue may or máy not deprive either party of a share in the fund to be distributed by the Orphans’ Court. It is true the Act of 10th of April 1848 gives a writ…
2Cited by3 opinions
- Cross's EstateSupreme Court of Pennsylvania · 1923
- Rothermel v. RothermelSupreme Court of Pennsylvania · 1942
- Williams's EstatePennsylvania Orphans' Court, Schuylkill County · 1922