Lyons v. Allen

The opinion of the court was delivered by

Parker, J.

This is a motion to open judgment entered without special leave of the court over a plea purporting to be a plea in abatement. The suit was brought by the creditor of a deceased against his administrator. The plea in abatement is quite voluminous and need not be recited in detail here. Its general effect was to set up the facts that the estate was insolvent, and that the usual Orphans’ Court proceedings were had with a view of having it so declared, and that in the course of these proceedings other creditors of the estate filed exceptions to…