Legal Opinion

Newbaker v. Alricks

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 2 opinions

ERROR to the common pleas of Dauphin county. This was an action on the case, by Herman Alricks and Benjamin Parke, Esqrs., against Philip Newbaker, administrator of Jacob Newbaker deceased, to recover compensation for professional services, rendered in a proceeding in the orphans’ court, in partition of the real estate of Jacob Newbaker deceased.

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ERROR to the common pleas of Dauphin county. This was an action on the case, by Herman Alricks and Benjamin Parke, Esqrs., against Philip Newbaker, administrator of Jacob Newbaker deceased, to recover compensation for professional services, rendered in a proceeding in the orphans’ court, in partition of the real estate of Jacob Newbaker deceased. The evidence was, that the plaintiffs, at the instance of some of the heirs of the deceased, applied for, and obtained a writ of partition, and valuation of the real estate, and the matter was proceeded in to an order of sale, and a sale by the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

'The plaintiffs below seem to have entertained the opinion that they had a claim upon the fund or money in the hands of the defendant below, for their compensation on account of services rendered in the line of their profession. In this, however, we think that they were entirely mistaken. The clerk of the court, and the sheriff of the county, in such cases, have certain specific fees allowed by act of assembly for their respective services; and the administrator of the intestate, making the sale in pursuance of the decree of the *185court, may,…

2Cited by2 opinions

  1. Hershy v. DuVal & CravensSupreme Court of Arkansas · 1885
  2. Egbert v. PayneSupreme Court of Pennsylvania · 1882

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