Black's v. Black's Executors
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of debt by Cyrus Black, executor of Wilson Black, deceased, against John Kerr and Joseph S. Morrison, acting executors of Marcus Black, deceased, with notice to the widow and devisees of the said Marcus Black; on a decree of the Orphans’ Court of Washington county, for the payment of the sums of $1500, with interest from 25th August 1846, and of $6565.46, with interest from 24th Eebruary 1851, out of the…
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Error to the District Court of Allegheny county. This was an action of debt by Cyrus Black, executor of Wilson Black, deceased, against John Kerr and Joseph S. Morrison, acting executors of Marcus Black, deceased, with notice to the widow and devisees of the said Marcus Black; on a decree of the Orphans’ Court of Washington county, for the payment of the sums of $1500, with interest from 25th August 1846, and of $6565.46, with interest from 24th Eebruary 1851, out of the estate of Samuel Black, deceased, in the hands of the defendants, as executors of the said Marcus Black, deceased. The…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
As the main question in this case is one of jurisdiction, it seems to me, that a proper plea, presenting that issue, would have been more consistent with legal symmetry and logic. It may be true, as a general rule, that want of jurisdiction may be taken advantage of at any time — but this does, not prove the propriety of ignoring such a plea in all cases, especially when the jurisdiction is primé facie general. Here, the plaintiff was nonsuited under an Act of Assembly by no means general, or applicable throughout the state. If there had…
2Cited by10 opinions
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Braunschweiger's EstateSupreme Court of Pennsylvania · 1936
- Estate of Harriet B. LaverelleSuperior Court of Pennsylvania · 1930
- Gotwald v. SmallSupreme Court of Pennsylvania · 1913
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