Commonwealth ex rel. McDonald v. McDonald
Supreme Court of Pennsylvania
Appeal, No. 23, May T., 1895, by plaintiff, from order of C. P. Fulton Co., entering nonsuit. Assumpsit on a bond of a trustee. Before McClean, P. J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned, among others, was (3) refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
When this case was here before, it was on appeal of Loretta J. McDonald from decree of the orphans’ court. In that case, the court below had set aside the report of the auditor awarding to Mrs. McDonald her share of her father’s estate. On the evidence, the auditor found she had not been paid this share; on exceptions filed by the sureties of the trustee, the court was of opinion she had been paid, and made a decree accordingly. On appeal by Mrs. McDonald, this court, in opinion filed, concurred with the auditor, and reversed the decree of the court below. See…
2Cases cited2 opinions
- Kittel's EstateSupreme Court of Pennsylvania · 1893
- Commonwealth ex rel. Myers v. FretzSupreme Court of Pennsylvania · 1846
3Cited by3 opinions
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- In re WisemanDistrict Court, E.D. Pennsylvania · 1903
- Hoffman's EstateSuperior Court of Pennsylvania · 1908