Legal Opinion

Pringle v. Pringle

Supreme Court of Pennsylvania

Decided January 6, 1890No. 186PublishedCited by 7 opinions

APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS OE CAMBRIA COUNTY. No. 186 October Term 1889, Sup. Ct.; court below, No. 390 June Term 1888, C. P. On May 22, 1888, Oscar L. Pringle brought assumpsit against Margaret A. Pringle, “ acting executrix of Wm. Pringle, Jr., deceased,” to recover the sum of $500, with interest, claimed to have been loaned by the plaintiff to the defendant’s testator on Juné 15, 1882. The defendant pleaded nonassumpsit.

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APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS OE CAMBRIA COUNTY. No. 186 October Term 1889, Sup. Ct.; court below, No. 390 June Term 1888, C. P. On May 22, 1888, Oscar L. Pringle brought assumpsit against Margaret A. Pringle, “ acting executrix of Wm. Pringle, Jr., deceased,” to recover the sum of $500, with interest, claimed to have been loaned by the plaintiff to the defendant’s testator on Juné 15, 1882. The defendant pleaded nonassumpsit. At the trial on March 14,1889, testimony was adduced as to the plaintiff’s claim, when it was made to appear that Wm. Pringle, J.r., had died in…

1Opinion of the Court

*568Opinion,

Me. Justice Steeeett:

As a general rule, it cannot be doubted that in an action against the personal representative of a decedent, to establish a debt against the estate, Courts of Common Pleas have concurrent jurisdiction with the Orphans’ Court: Swain v. Ettling, 32 Pa. 486; Kimble v. Carothers, 81 Pa. 494. Indeed, it is sometimes necessary that creditors should have their unsecured claims adjudicated in a common law court, for the purpose of continuing their lien against real estate of which their debtors died seised. Our statute provides that no debts of a decedent, except' they be…

2Cases cited4 opinions

  1. Kimble v. CarothersSupreme Court of Pennsylvania · 1876
  2. Swain v. EttlingSupreme Court of Pennsylvania · 1859
  3. Hall v. PrattOhio Supreme Court · 1831
  4. Chalfont v. JohnstonSupreme Court of Pennsylvania · 1800

3Cited by7 opinions

  1. Pryor v. KrauseCourt of Appeals of Texas · 1914
  2. Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
  3. Ikebe v. Philadelphia Rapid Transit Co.Court of Appeals for the Third Circuit · 1941
  4. Orban v. Rothrock, Pennsylvania Court of Common Pleas, Lehigh County1959
  5. Petillo v. Perry, Pennsylvania Court of Common Pleas, Philadelphia County1943

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