Callender's Administrator v. Keystone Mutual Life Insurance
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of covenant, by Daniel Hartman, administrator of the estate of W. Callender, deceased, on a policy of insurance, issued by the defendants on the life of the plaintiff’s intestate, in which he was defeated on the ground of misrepresentations made by the deceased, and judgment was entered in favor of the defendant: see 9 Harris 466. On this judgment the defendant issued a fi. fa. against the plaintiff for the…
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Error to the Common Pleas of Dauphin county. This was an action of covenant, by Daniel Hartman, administrator of the estate of W. Callender, deceased, on a policy of insurance, issued by the defendants on the life of the plaintiff’s intestate, in which he was defeated on the ground of misrepresentations made by the deceased, and judgment was entered in favor of the defendant: see 9 Harris 466. On this judgment the defendant issued a fi. fa. against the plaintiff for the costs to be levied de bonis propriis, and on motion, the Court below refused to set it aside, and hence this writ of error.
1Opinion of the Court
*472The opinion of the Court was delivered by
Lowrie, J.
This case presents the question, Is an administrator plaintiff personally liable to execution for the general costs of the cause, on a verdict and general judgment in favor of the defendant ?
This question was decided in the affirmative in the Court below, and so it was decided in this Court in 1850, in the case of Ewing v. Furness, 13 State Rep. 531, without any thing having been said by the Court in vindication of the decision, except that it was “ on the authority of several decisions of this Court, directly in point.”
We have failed to find…
2Cases cited7 opinions
- Williams v. Bank of MichiganCourt for the Trial of Impeachments and Correction of Errors · 1831
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ketchum v. KetchumNew York Supreme Court · 1825
- Muntorf v. MuntorfSupreme Court of Pennsylvania · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mead v. SherwinSupreme Court of Pennsylvania · 1922
- Commonwealth v. PoundstoneSuperior Court of Pennsylvania · 1963
- Bair v. Newgeon, Pennsylvania Court of Common Pleas, Delaware County1940
- Commonwealth v. PoundstoneSuperior Court of Pennsylvania · 1963
- Gibbs v. GibbsUtah Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.