Saeger ex rel. Schantz v. Runk
Supreme Court of Pennsylvania
Appeal, No. 157, July T., 1891, by defendant, Sarah L. Runk, from judgment of C. P. Lehigh Co., Nov. T., 1890, No. 60, on verdict for plaintiff, Henry J. Saeger, executor, etc., to use of Frank J. F. Schantz, administrator, etc. Assumpsit to recover interest due upon dower charged upon land.
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Appeal, No. 157, July T., 1891, by defendant, Sarah L. Runk, from judgment of C. P. Lehigh Co., Nov. T., 1890, No. 60, on verdict for plaintiff, Henry J. Saeger, executor, etc., to use of Frank J. F. Schantz, administrator, etc. Assumpsit to recover interest due upon dower charged upon land. On tbe trial before Albright, P. J., the evidence was to the following effect: Charles Saeger died, leaving to survive him a widow, Eliza Saeger, and three children, Henry J. Saeger, CordeliaS. Schantz, and defendant. In partition of his real estate, defendant accepted a certain lot, upon which was…
1Opinion of the Court
Per Curiam,
We do not think the fact that this suit was instituted in the name of Henry J. Saeger, the surviving executor of Eliza Saeger, deceased, without his authority, is important. He does not object to the use of his name, and has made no application to the court below to prevent its unauthorized use. He would have a right to demand immunity from costs, but as he has made no complaint in this respect, we must presume he is satisfied. The suit was properly brought for the recovery of this portion of the dower interest.
Nor do we think the release a bar to the action. When the defendant…
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- Harris Motor Co. v. Platkin, Pennsylvania Court of Common Pleas, Dauphin County1922
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