Legal Opinion

Phillips v. Allegheny Valley Railroad

Supreme Court of Pennsylvania

Decided October 29, 1884No. 75PublishedCited by 16 opinions

Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 75. Assumpsit, by the Allegheny Valley Railroad Company against R. B. Phillips, administrator of the estate of William Phillips, deceased, to recover a balance alleged to be due to the plaintiff by the decedent, who was former president of the company. Plea, the general issue.

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Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 75. Assumpsit, by the Allegheny Valley Railroad Company against R. B. Phillips, administrator of the estate of William Phillips, deceased, to recover a balance alleged to be due to the plaintiff by the decedent, who was former president of the company. Plea, the general issue. On the trial, before Stowe, P. J., the following facts appeared: William Phillips was president of the plaintiff corn-pany from 1865 until his death, in April, 1874. In December 1874 the Auditor of the company made a…

1Opinion of the CourtJustice Green

There is no doubt that it was both the right and the duty of the defendant in error, as a creditor of William Phillips, deceased, to go into the Orphans’ Court with their claim and prosecute it there in accordance with the methods provided *468for that purpose. The jurisdiction of that court, and its exclusive character, in the determination of the claims of creditors as well as of distributees and legatees, has been so frequently and so emphatically affirmed by this court that it seems like a work of supererogation to even refer to the authorities. Yet as the effect of the proceeding by a…

2Cited by16 opinions

  1. Tourison's EstateSupreme Court of Pennsylvania · 1936
  2. Estate of LightnerPennsylvania Orphans' Court, Lancaster County · 1891
  3. Schadt's EstateSupreme Court of Pennsylvania · 1925
  4. Ohio v. Union Tr. Co. of Pgh., Exr.Superior Court of Pennsylvania · 1939
  5. Reichner v. ReichnerSupreme Court of Pennsylvania · 1912

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