Legal Opinion

Levering v. Rittenhouse

Supreme Court of Pennsylvania

Decided February 2, 1839PublishedCited by 31 opinions

IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by Silas G. Levering, administrator of the goods, &c., of Joseph Rittenhouse, deceased, against Nicholas Rittenhouse, and Jacob D. Rittenhouse, administrators of the goods, &c., of Martin Rittenhouse, deceased.

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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by Silas G. Levering, administrator of the goods, &c., of Joseph Rittenhouse, deceased, against Nicholas Rittenhouse, and Jacob D. Rittenhouse, administrators of the goods, &c., of Martin Rittenhouse, deceased. The plaintiff declared in assumpsit, and the defendants pleaded non assumpserunt and payment, &c., on which issues were joined. The action was brought to recover a distributive share of the personal estate of Martin Rittenhouse,…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— The Court below decided correctly in admitting the evidence mentioned in the first bill of exception, showing that Joseph Rittenhouse, the son of Martin Rittenhouse, and father- of the plaintiff’s intestate, was indebted to Martin Rittenhouse, the grandfather of the same. This suit, it must be observed, is brought by the administrator of the grandson, to recover from the grandfather’s estate a part, to wit, one-third, of that portion of the grandfather’s personal estate, to which Joseph, the father of the plaintiff’s intestate, would have…

2Cases cited2 opinions

  1. Earnest v. EarnestSupreme Court of Pennsylvania · 1835
  2. Duer v. BoydSupreme Court of Pennsylvania · 1814

3Cited by31 opinions

  1. Tynan v. WalkerCalifornia Supreme Court · 1868
  2. Sanford v. . SanfordNew York Court of Appeals · 1875
  3. Bucklin v. FordNew York Supreme Court · 1849
  4. Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
  5. Woodland Oil Co. v. A. M. Byers & Co.Supreme Court of Pennsylvania · 1909

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