Farrer v. Denning
Superior Court of Pennsylvania
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
- Weyand v. WellerSupreme Court of Pennsylvania · 1861
3Cited by3 opinions
- Beaver's AppealSuperior Court of Pennsylvania · 1935
- Peterson's EstateSuperior Court of Pennsylvania · 1941
- Thorp's EstateSuperior Court of Pennsylvania · 1914