Garber v. Commonwealth
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery. Dec. 31. This was an action against the administrator of Garber and his sureties, on the administration bond, to the use of the distributees of the intestate. The plaintiffs gave in evidence the proceedings in the Orphans’ Court on a citation to the administrator to file his accounts, which were referred to an auditor, who reported a balance due to the estate, which was confirmed.
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In error from the Common Pleas of Montgomery. Dec. 31. This was an action against the administrator of Garber and his sureties, on the administration bond, to the use of the distributees of the intestate. The plaintiffs gave in evidence the proceedings in the Orphans’ Court on a citation to the administrator to file his accounts, which were referred to an auditor, who reported a balance due to the estate, which was confirmed. Subsequently, an auditor was appointed to make distribution, who reported a sum due to Dennis O’Brien, the real plaintiff in this action. On confirmation of this report,…
1Opinion of the CourtRogers, J.
This is an action of debt, on an administration bond, against Jacob Garber, who was the administrator *266of Dennis O’Brien, and William Kennedy and William Henry, his sureties. The action, which is joint, is brought to recover the amount due, on settlement of the administration account in the Orphans’ Court, and the question arises on the rejection of evidence, tending to prove a mistake in the decree.
That the decree in the Orphans’ Court is conclusive, would seem to be settled by the act of the 29th of March, 1832. In that act, second section, after a series of decisions to the same effect, the…
2Cases cited2 opinions
- Evans v. CommonwealthSupreme Court of Pennsylvania · 1839
- Masser v. StricklandSupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Commonwealth v. GregorySupreme Court of Pennsylvania · 1918
- Davisson v. AkinOregon Supreme Court · 1902
- Estate of Jacob M. WeaverSuperior Court of Pennsylvania · 1934