Appeal of Price
Supreme Court of Pennsylvania
No. 23 January Term 1886, Supt. Ct.; court below, 279 April Term 1880, O. C. J. Sergeant Price and Joseph B. Townsend, members of the Philadelphia bar, were employed by Lewis A. Scott, Esq., guardian of Lewis A. Scott, Jr., and his two brothers, minors, to recover in ejectment real estate in the city of Philadelphia, valued by the city assessor at $151,800. The suit was successful; see proceedings in the court bejow: Scott v. Wistar, 13 W. N. 295, in this court; Wistar v.…
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No. 23 January Term 1886, Supt. Ct.; court below, 279 April Term 1880, O. C. J. Sergeant Price and Joseph B. Townsend, members of the Philadelphia bar, were employed by Lewis A. Scott, Esq., guardian of Lewis A. Scott, Jr., and his two brothers, minors, to recover in ejectment real estate in the city of Philadelphia, valued by the city assessor at $151,800. The suit was successful; see proceedings in the court bejow: Scott v. Wistar, 13 W. N. 295, in this court; Wistar v. Scott, 105 Penn. St. 200. The guardian had paid in part for the services of his counsel, but they claimed, as additional…
1Opinion of the Court
Opinion,
Mr. Justice Green :
The only question in this cause is a question of jurisdiction. The merits of the appellants’ claim are not before us, because their offer of proof in support of it was rejected by the auditing judge, and this action was sustained by a majority of the learned court below. We find ourselves unable to assent to the conclusion reached, and for that reason the decree must be reversed in order that the claim of the appellants may be heard and decided. The evidence was rejected because it was held that the Orphans’ Court had no power to entertarin the claim, ■ no…
2Cited by19 opinions
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- Harris's AppealSupreme Court of Pennsylvania · 1936
- Cotner v. Lon Jacobs Grocery Co.Supreme Court of Oklahoma · 1921
- Patrick v. SmithSuperior Court of Pennsylvania · 1896
- Evans v. HarrisSupreme Court of Oklahoma · 1916
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