Chew's Appeal
Supreme Court of Pennsylvania
THIS was a rule to show cause why the appeal of B. Chew from the decree of the Orphans’ Court of Philadelphia county, dismissing him as executor of B. Chew, deceased, should not be quashed.
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THIS was a rule to show cause why the appeal of B. Chew from the decree of the Orphans’ Court of Philadelphia county, dismissing him as executor of B. Chew, deceased, should not be quashed. On the 23d November 1844, the Orphans’ Court decreed as follows: — “And now, November 23d, 1844, the court having fully considered the case, do decide that in their opinion said Benjamin Chew, one of the executors of B. Chew, deceased, is mismanaging the estate, and therefore order that he give bail in the sum of $50,000, on or before Saturday morning next, the 30th inst., as required; and in default of…
1Opinion of the Court
The opinion of the Court was delivered by
SeRGeant, J.
If the court below had authority to make the order of the 18th December 1844, as it has not been complied with, the appeal has not been perfected, and it is the duty of this court to dismiss it. It seems the court below at first ordered the bail on appeal to be given in the sum of $100. They afterwards considered that the justice of the case required the bail on the appeal to be as large as that which they had previously required to be given by the executor, and they ordered it. This order is in the nature of an amendment of the former one.…
2Cases cited2 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Spackman v. ByersSupreme Court of Pennsylvania · 1821
3Cited by2 opinions
- Parker's AppealSupreme Court of Pennsylvania · 1869
- Commonwealth v. Wistar, Pennsylvania Court of Common Pleas, Philadelphia County1891