Pugh v. Ottenkirk
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Montgomery county. This was an action on the case brought by John Ottenkirk against Mishael Pugh, administrator of Catharine Irick, deceased, in which the declaration was as follows: Mishael Pugh, administrator of Catharine Irick deceased, was summoned to answer John Ottenkirk of a plea of trespass on the case, &c.
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ERROR to the Common Pleas of Montgomery county. This was an action on the case brought by John Ottenkirk against Mishael Pugh, administrator of Catharine Irick, deceased, in which the declaration was as follows: Mishael Pugh, administrator of Catharine Irick deceased, was summoned to answer John Ottenkirk of a plea of trespass on the case, &c. And whereupon the said plaintiff by John Freedley, his attorney, complains, that whereas- one Christopher Irick (which said Christopher is the only son and heir of Catharine Irick deceased, hereinafter named) at Norristown, in the county of Montgomery…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Although the language of the Act of 16th June 1836 is more precise than that of the Act of 20th March 1810, yet, substantially, the provisions are the same, so far as respects the right of executors and administrators to appeal from an award of arbitrators without giving bail and performing the conditions ordinarily required. It is the character of the suit that determines this right; and that does not depend on the mere naming the party as executor or administrator in the process or declaration, but upon the cause of action as developed in…
2Cases cited1 opinion
- Masterson v. MastersonSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- Case v. NelsonIndiana Court of Appeals · 1898
- Williams v. DoughertyIndiana Court of Appeals · 1906