Lindsey's Appeal
Supreme Court of Pennsylvania
Appeal, No. 13, May T. 1888, by C. R. Lindsey et ah, collateral heirs, from the O. O. of Dauphin Co., to review a decree dismissing exceptions to the report of an auditor on the distribution of the balance in the hands of the executrix of Helen Jackson, deceased.
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Appeal, No. 13, May T. 1888, by C. R. Lindsey et ah, collateral heirs, from the O. O. of Dauphin Co., to review a decree dismissing exceptions to the report of an auditor on the distribution of the balance in the hands of the executrix of Helen Jackson, deceased. The facts were found as follows by the auditor, Elias Hollinger, Esq.: “Aside from several small bills, about which there is no dispute, presented on behalf of creditors, a claim is presented by William S. Black and his wife, Margery A. Black, the latter a sister of decedent and the executrix under the last will and testament of…
1Opinion of the Court
Per Curiam,
Regarding, as we do, the disposition, of this case in the court below as thoroughly just and proper, we affirm the decree and dismiss the appeal at the costs of the appellants.
Trunkey, J., absent from this and the preceding case.
W. M. S., Jr.
Note. — From the fact of work done or goods furnished the law raises the presumption of a promise to pay, as between strangers. This presumption may be rebutted by positive proof or by a stronger presumption. “ Special presumptions take the place of general ones.” Bouvier. Where the parties are members of the same family, the relationship…
2Cases cited2 opinions
- Miller's AppealSupreme Court of Pennsylvania · 1882
- Moyer's AppealSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- Baum v. TazwellNew Jersey Circuit Court · 1948
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930