Legal Opinion

Farrer v. Denning

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 220PublishedCited by 3 opinions

Appeal, No. 220, April T., 1899, by-plaintiffs, from judgment of C. P. Washington Co., Feb. T., 1899, No. 118, on verdict for defendant. Opinion by Beaver, J. Assumpsit to recover the sum of $750, being the amount of the shares of the plaintiffs in the dower charge on a certain tract of land. The facts sufficiently appear in the opinion of the court. The court directed a verdict for defendant. Plaintiffs appealed.

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Appeal, No. 220, April T., 1899, by-plaintiffs, from judgment of C. P. Washington Co., Feb. T., 1899, No. 118, on verdict for defendant. Opinion by Beaver, J. Assumpsit to recover the sum of $750, being the amount of the shares of the plaintiffs in the dower charge on a certain tract of land. The facts sufficiently appear in the opinion of the court. The court directed a verdict for defendant. Plaintiffs appealed. Errors assigned among others were (6) in answer to plaintiffs’ point, which point and answer were as follows: “ The court is respectfully requested to instruct the jury to find for…

1Opinion of the Court

Opinion by

Beaver, J.,

The orphans’ court has never been considered a court of general jurisdiction. They have no power, unless given by act of assembly: President O. C. Dauphin County v. Groff, 14 S. & R. 181. In Weyand v. Weller, 39 Pa. 443, Mr. Justice Thompson said: “ It seems to have been forgotten that the orphans’ court is a court of limited jurisdiction.” The limitation arises from the fact that the court has no common-law jurisdiction but is the creature of statute. Its jurisdiction, therefore, is purely statutory, and when jurisdiction is claimed for it, express statutory authority…

2Cases cited1 opinion

  1. Weyand v. WellerSupreme Court of Pennsylvania · 1861

3Cited by3 opinions

  1. Beaver's AppealSuperior Court of Pennsylvania · 1935
  2. Peterson's EstateSuperior Court of Pennsylvania · 1941
  3. Thorp's EstateSuperior Court of Pennsylvania · 1914

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