Legal Opinion

Jennings's Estate

Supreme Court of Pennsylvania

Decided April 16, 1900No. Appeal 321PublishedCited by 3 opinions

Motion to strike off order remitting case to Superior Court. Appeal 321, Jan. T., 1899, from decree of O. C. Berks Co. From the record it appeared that on February 26, 1900, the ■court ordered that the case should be remitted to the Superior Court.

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Motion to strike off order remitting case to Superior Court. Appeal 321, Jan. T., 1899, from decree of O. C. Berks Co. From the record it appeared that on February 26, 1900, the ■court ordered that the case should be remitted to the Superior Court. Subsequently the appellees presented a petition to strike off this order, in which petition they averred that by the decree appealed from, the sum of $952.89 was awarded to Maria Jennings, and the sum of $645.79 to Dr. Chester B. Jennings, making a total amount involved of $1,598.68. They claimed that the two amounts taken together gave to the…

1Opinion of the Court

Pee Cueiam,

On the statement of counsel at bar when this case was *407called, it was directed to be remitted to the Superior Court. It is now moved to bring it back, on the ground that the appeal being taken by the executrix the amount in controversy is within the jurisdiction of this court, and for this reliance is placed on Staib’s Estate, 188 Pa. 238. But in that case the claim of the appellee was single, to the whole fund, though the distribution was to two adverse claimants. Therefore it was said that if the position of the parties were reversed the appeal would be to this court. In the…

2Cases cited1 opinion

  1. Estate of StaibSupreme Court of Pennsylvania · 1898

3Cited by3 opinions

  1. May's EstateSupreme Court of Pennsylvania · 1907
  2. Dubois's AppealSupreme Court of Pennsylvania · 1928
  3. McGlinn's EstateSupreme Court of Pennsylvania · 1921

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