Van Dyke's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the court at Nisi Prius: In Equity: No. 2, to July Term 1868, in proceedings in which James C. Yan Dyke, Thomas Kittera Yan Dyke, Nina M. Yan Dyke, Florence A. Yan Dyke, Arthur K. Yan Dyke, and Helen M. Yan Dyke, minor children of James C. Van Dyke, deceased, by their guardian Elizabeth S. Yan Dyke; Louise K. Van Dyke; and Clara A. Yan Dyke, Ella F. Yan Dyke, John P. Yan Dyke and Benjamin F. Yan Dyke, minor children of Benjamin Franklin Van Dyke,…
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Appeal from the decree of the court at Nisi Prius: In Equity: No. 2, to July Term 1868, in proceedings in which James C. Yan Dyke, Thomas Kittera Yan Dyke, Nina M. Yan Dyke, Florence A. Yan Dyke, Arthur K. Yan Dyke, and Helen M. Yan Dyke, minor children of James C. Van Dyke, deceased, by their guardian Elizabeth S. Yan Dyke; Louise K. Van Dyke; and Clara A. Yan Dyke, Ella F. Yan Dyke, John P. Yan Dyke and Benjamin F. Yan Dyke, minor children of Benjamin Franklin Van Dyke, deceased, by their guardian Rebecca P. Yan Dyke, were plaintiffs; and Elizabeth Yan Dyke, widow, Rush Yan Dyke, Henry J.…
1Opinion of the Court
The opinion of the court was delivered,
by
Siiarswood, J.
No question has been made by the parties as to the jurisdiction of a court of equity in this state to give the relief prayed for in this bill. It having been suggested that it would be an encroachment upon that, which, by the Acts of Assembly, is exclusively conferred upon the Orphans’ Courts, the attention of the counsel was directed to this point when the cause was ordered for reargument.
The learned and able gentlemen retained for the defendant, have, however, frankly conceded it. Consent, indeed, cannot give jurisdiction, and it is,…
2Cases cited3 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1849
- Duvall v. PeachCourt of Appeals of Maryland · 1843
- City of Philadelphia v. DavisSupreme Court of Pennsylvania · 1836
3Cited by8 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Moore v. Fidelity Trust Co.Court of Appeals for the Third Circuit · 1905
- Gibson v. GibsonCourt of Appeals for the D.C. Circuit · 1923
- Goodwin v. ColwellSupreme Court of Pennsylvania · 1906
- Sharar's EstateSuperior Court of Pennsylvania · 1939
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