M'Divitt's v. M'Divitt
Supreme Court of Pennsylvania
ERROR to the common pleas of Mleghany county. Commonwealth at the instance of Henry M’Divitt against Dennis S. Scully executor of Eleanor M’Divitt deceased.
Read the full summary
ERROR to the common pleas of Mleghany county. Commonwealth at the instance of Henry M’Divitt against Dennis S. Scully executor of Eleanor M’Divitt deceased. The above suit is brought on an administration bond entered into by Eleanor M’Divitt, Henry M’Divitt (at whose instance this suit is brought), Samuel M’Cord and Charles M’Cabe, all of whom are deceased except the said Henry, which bond is dated the 1st day of October 1818, conditioned for the well and truly administering the goods and chattels, rights and credits of Patrick M’Divitt deceased, by the said Eleanor and Henry. Eleanor…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—From the case as stated it appears to be an action of debt brought in the court below by Henry M’Divitt upon an administration bond against Dennis S. Scully, the plaintiff in error, executor of Eleanor M’Divitt deceased. The deceased, in her lifetime, had joined with the plaintiff below in administering on the estate of Patrick M’Divitt deceased ; and became a co-obligor with the said Henry, and two others, Samuel M’Cord and Charles M’Cabe, as their sureties, in the bond upon which this suit was instituted. A prior action was brought on it…
2Cases cited2 opinions
- Downey v. Farmers & Mechanics' BankSupreme Court of Pennsylvania · 1825
- Walter v. GinrichSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Mattern v. McDivittSupreme Court of Pennsylvania · 1886
- Walton v. Chilla, Pennsylvania Court of Common Pleas, Chester County1962