Clement's Appeal
Supreme Court of Pennsylvania
Appeal of Ira T. Clement from the decree of the Court of Common Pleas of Northumberland County, confirming the report of a master recommending the reformation of a bond executed by Clement as surety.
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Appeal of Ira T. Clement from the decree of the Court of Common Pleas of Northumberland County, confirming the report of a master recommending the reformation of a bond executed by Clement as surety. October 19th, 1879, Peter H. Snyder, administrator de bonis non of Catharine Thurston, deceased, filed a bill in equity in the Court below against Ira Shipman, administrator of Abraham Shipman, deceased, setting forth that Catharine Thurston, in May, 1877, was seised of certain real estate, and that letters of administration upon her estate were granted to Abraham Shipman, who presented a…
1Opinion of the Court
— Per Curiam :
That a bond to secure the amount of a sale by order of the Orphans’ Court by an administrator in the penalty of eight dollars was a clerical error was manifest on its face. There was evidence that the appellant was told it was to be eight hundred dollars. In such a case, supported by the prima facies of the mistake, we need hardly demand such indubitable proof of mistake as is required in ordinary cases.
Decree affirmed and appeal dismissed at -the costs of the appellant.
2Cited by1 opinion
- Commonwealth v. RemaleySuperior Court of Pennsylvania · 1901