Baker v. Williamson
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. Dec. 30, 31. — Baker filed a petition, on the equity side of the court, setting forth a conveyance to the defendant and others, with verbal directions as to the distribution of the property, that by an agreement between defendants as trustees, and the relations of the grantor, a certain sum was to be paid to' petitioner, William and Walter Green and others, “the excess to be distributed among the parties ;” that petitioner was…
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Error to the Common Pleas of Delaware county. Dec. 30, 31. — Baker filed a petition, on the equity side of the court, setting forth a conveyance to the defendant and others, with verbal directions as to the distribution of the property, that by an agreement between defendants as trustees, and the relations of the grantor, a certain sum was to be paid to' petitioner, William and Walter Green and others, “the excess to be distributed among the parties ;” that petitioner was entitled to the shares of the Greens and others, under an assignment thereof, in 1842 ; that there was an excess, and…
1Opinion of the Court
Rogers, J.,
after stating the material facts of the case.— The defendant in error moved the court to quash the writ of error, alleging that it is a proceeding in equity ; that the cause is now pending and undetermined in the Court of Common Pleas; that the remedy, after final decree, is by appeal to this court, and consequently no writ of error lies.
This is a question of the first impression in this state, and as the legislature has, of late years, thought proper to clothe the courts with extensive equitable powers, it becomes of great importance as a matter of practice.
Is this a case in…
2Cases cited6 opinions
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
- Jackson ex dem. Dunbar v. ToddNew York Supreme Court · 1810
- Vansant v. BoileauSupreme Court of Pennsylvania · 1808
- Lewis v. WallickSupreme Court of Pennsylvania · 1817
- Neff v. BarrSupreme Court of Pennsylvania · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bell AppealSupreme Court of Pennsylvania · 1959
- Canavan v. PayeSupreme Court of Pennsylvania · 1907
- Knowles v. JacobsSuperior Court of Pennsylvania · 1897
- Bell AppealSupreme Court of Pennsylvania · 1959
- Tallman-Anderson Co. v. Moore, Pennsylvania Court of Common Pleas, Delaware County1930