Legal Opinion

Grasser v. Eckart

Supreme Court of Pennsylvania

Decided April 1, 1809PublishedCited by 8 opinions

T HIS was an appeal from the decision of Teates J. at a circuit court for Lancaster county, in April 1806. The action was brought to recover a distributive share of the estate of Frederick White, intestate, from the defendants, who in the writ were styled his administrators. The declaration contained two counts.

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T HIS was an appeal from the decision of Teates J. at a circuit court for Lancaster county, in April 1806. The action was brought to recover a distributive share of the estate of Frederick White, intestate, from the defendants, who in the writ were styled his administrators. The declaration contained two counts. The first was a general indebitatus assumpsit for money had and received by Eckart and wife to the use of Grosser and wife in right of the wife; but, although the recital of the writ stated the defendants to have been attached as administrators, the count was against them personally.…

1Opinion of the Court

Tilghman C. J.

delivered the following opinion for himself and the late Mr. Justice Smith, who had perused it after it was drawn up by the Chief Justice, and accorded with it throughout.

This case comes before the court on an appeal from the circuit court of Lancaster county. It is an action on the case for the recovery of a distributive share of the personal estate of F. White, claimed by the plaintiffs, Grasser and wife, in right of the wife. In the writ the defendants are named administrators of F. White. The declaration contains two counts. The first count is against the defendants, not…

2Cited by8 opinions

  1. Swayne v. LyonSupreme Court of Pennsylvania · 1871
  2. Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
  3. Gray's adm'rs v. WhiteSupreme Court of Alabama · 1843
  4. Franklin ex rel. Gross v. MackeySupreme Court of Pennsylvania · 1827
  5. Galbraith v. GreenSupreme Court of Pennsylvania · 1824

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