Miller's Estate
Supreme Court of Pennsylvania
Appeal, No. 168, Oct. T., 1913, by Woman’s Hospital of Pittsburgh, from decree of O. O. Allegheny Co., March T., 1913, No. 101, dismissing exceptions to adjudication in Estate of Thomas N. Miller, deceased. Exceptions to adjudication. Before Miller, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Error assigned was in dismissing the exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Our attention has not been directed to any case in Avhich the ruling in James v. Jarrett, 17 Pa. 370, has been departed from; nor has any distinction between that case and this been pointed out, except with respect to immaterial facts. The rule there announced, and since uniformly observed, is, that “where a party has a debt against another evidenced by a specialty or a record, and to which no statute of limitations applies, the burden of proving it unpaid is not thrown upon him who claims it, even in a suit brought more than twenty years after it becomes…
2Cases cited1 opinion
- James v. JarrettSupreme Court of Pennsylvania · 1851
3Cited by5 opinions
- Schmalz v. Manufacturers & Traders Trust Co.Superior Court of Pennsylvania · 2013
- Croskey v. CroskeySupreme Court of Pennsylvania · 1932
- Pennsylvania Co. v. YoungmanSupreme Court of Pennsylvania · 1934
- Rosenbaum v. NewhoffSupreme Court of Pennsylvania · 1959
- Rosenbaum v. NewhoffSupreme Court of Pennsylvania · 1959