Legal Opinion

Spencer v. Spencer

Supreme Court of Pennsylvania

Decided April 17, 1916No. Appeal, No. 462PublishedCited by 1 opinion

Appeal, No. 462, Jan. T., 1915, by plaintiffs, from order of C. P. Lackawanna Co., Oct. T., 1912, No. 7, dismissing exceptions to report of referee and entering judgment thereon in case of F. M. Spencer, et al., Surviving Executors of the Last Will and Testament of Susan Spencer, Deceased, v. A. L. Spencer. Buie to open judgment. Exceptions to report of R. W. Archbald, referee. Before Edwards, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 462, Jan. T., 1915, by plaintiffs, from order of C. P. Lackawanna Co., Oct. T., 1912, No. 7, dismissing exceptions to report of referee and entering judgment thereon in case of F. M. Spencer, et al., Surviving Executors of the Last Will and Testament of Susan Spencer, Deceased, v. A. L. Spencer. Buie to open judgment. Exceptions to report of R. W. Archbald, referee. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court dismissed exceptions to the report of the referee, and entered judgment thereon. Plaintiffs appealed. Errors assigned were in…

1Opinion of the Court

Opinion by

Me. Justice Moschziskee,

On June 10,1912, judgment was entered in favor of the executors of Susan Spencer, deceased, against Ambrose L. Spencer, her son, on a judgment note, bearing date July 16, 1897, signed by the latter, which represented debts owing at the time by the defendant to his mother. On a plea of payment, this judgment was opened by the court below, and the issues involved were submitted to a referee, who decided in favor of the defendant. Final judgment was entered accordingly, and the plaintiffs have appealed.

The referee found, inter alia, the following material facts:…

2Cases cited2 opinions

  1. Savage v. EvermanSupreme Court of Pennsylvania · 1872
  2. Beedy v. Nypano RailroadSupreme Court of Pennsylvania · 1915

3Cited by1 opinion

  1. Peoples National Bank v. WeingartnerSuperior Court of Pennsylvania · 1943

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