McCormick v. McGonigal
Superior Court of Pennsylvania
Appeal, No. 1, Feb. T., 1897, by C. S. McCormick, from order and decree of O. C. Clinton Co., dismissing exceptions to auditor’s report and confirming said report. Exceptions to auditor’s report. Before Metzger, P. J., specially presiding. Real estate of decedent having been sold for payment of debts the account of the administrator was referred to Jesse Merrill Esq., as auditor to pass upon exceptions filed thereto and to make distribution.
Read the full summary
Appeal, No. 1, Feb. T., 1897, by C. S. McCormick, from order and decree of O. C. Clinton Co., dismissing exceptions to auditor’s report and confirming said report. Exceptions to auditor’s report. Before Metzger, P. J., specially presiding. Real estate of decedent having been sold for payment of debts the account of the administrator was referred to Jesse Merrill Esq., as auditor to pass upon exceptions filed thereto and to make distribution. The question raised by this appeal is whether a judgment of one J. W. Potter to the use of C. S. McCormick v. John Mc-Gonigal, the decedent, was paid…
1Opinion of the Court
Opinion by
Beaver, J.,
A single assignment of error brings before us in this case a single question of fact, pure and simple. Was the judgment of Potter, of which the appellant is the assignee, against John McGonigal paid prior to McGonigal’s death? The question was raised before an auditor appointed to distribute the balance in the hands of the administrator of John McGonigal. It was within the power of the auditor to consider this question. If authority for this proposition were needed, it will be found in Borland’s Appeal, 66 Pa. 470: “It is certainly true that an auditor appointed to…
2Cases cited4 opinions
- Borland's AppealSupreme Court of Pennsylvania · 1870
- Hess's EstateSupreme Court of Pennsylvania · 1892
- Appeal of LewisSupreme Court of Pennsylvania · 1889
- Becker ex rel. Stull v. YeagerSuperior Court of Pennsylvania · 1896
3Cited by1 opinion
- May's EstateSuperior Court of Pennsylvania · 1902