Allen v. Irwin
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Mifflin county. It.was a summons issued by. the defendants in error, the plaintiffs below, who were administrators de bonis non cum testamento annexo of James Irwin deceased, against the defendants, who were administrators of George Irwin deceased, executor of-the said James Irwin, for “ debt by assumpsit, “ for money had and received, andmoney paid, laid out, and “ expended, not exceeding 5000 dollars.”
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In Error. THIS was a writ of error to the Common Pleas of Mifflin county. It.was a summons issued by. the defendants in error, the plaintiffs below, who were administrators de bonis non cum testamento annexo of James Irwin deceased, against the defendants, who were administrators of George Irwin deceased, executor of-the said James Irwin, for “ debt by assumpsit, “ for money had and received, andmoney paid, laid out, and “ expended, not exceeding 5000 dollars.” The plaintiffs afterwards, on the 8th June, 1809, filed the following statement: The plaintiffs in this suit demand of defendants,…
1Opinion of the Court
Tilghman C. J.
This is an action brought by James Irxvin an(^ J°^n Foss, administrators, &c. of the goods and chattels of James Irwin, deceased, unadministered by his executor George Irwin, deceased, against David Allen, Mary Irwin, ancj George Sanderson, administrators of the said George Irwin, for the recovery of part of the estate of James Irwin, ■which remained in the hands of the said George Irwin at the time of his death. Two questions have been argued; 1st, Whether an action by the administrators de bonis non lies against the administrator of the executor? 2d. Whether, supposing it to…
2Cases cited1 opinion
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
3Cited by5 opinions
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Alsop v. MatherSupreme Court of Connecticut · 1831
- Theisen v. HoeyCourt of Chancery of Delaware · 1947
- Pease v. PhelpsSupreme Court of Connecticut · 1834
- Commonwealth v. BarnitzSupreme Court of Pennsylvania · 1840