Legal Opinion

Small's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1888No. Appeal, No. 27PublishedCited by 3 opinions

Appeal, No. 27, July T. 1887, of Bruce Small and Susan E., Ms wife, and Louisa H. Youngman, from a decree of O. C. Northumberland Co., dismissing exceptions to a master’s report and revoking a former decree of confirmation of an inquest in the partition of the real estate of John G. Youngman, deceased, the appellants being heirs and devisees of the decedent. Tbunkey, J., absent. The facts appear in the following report of the auditor, Geo. Hill, Esq.: “Finding ok Facts.

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Appeal, No. 27, July T. 1887, of Bruce Small and Susan E., Ms wife, and Louisa H. Youngman, from a decree of O. C. Northumberland Co., dismissing exceptions to a master’s report and revoking a former decree of confirmation of an inquest in the partition of the real estate of John G. Youngman, deceased, the appellants being heirs and devisees of the decedent. Tbunkey, J., absent. The facts appear in the following report of the auditor, Geo. Hill, Esq.: “Finding ok Facts. “ The auditor finds the following facts: “1st. On July 10, 1880, by virtue of a general warrant of attorney, E. W.…

1Opinion of the Court

Sterrett, J.,

The very elaborate argument of the learned counsel for appellants has failed to convince us that the decree complained of should be reversed. In view of the delay and very considerable expense that have resulted from these proceedings, it is to be regretted that their radically defective character was not sooner brought to the attention of the court and the proper remedy applied. The want of jurisdiction, made manifest by the clear and exhaustive report of the learned auditor, was necessarily fatal at any stage of the proceedings. Everything that can be profitably said, on the…

2Cited by3 opinions

  1. Middelcoff v. CroniseCalifornia Supreme Court · 1909
  2. Borsalino Et Ux. v. City of ReadingSuperior Court of Pennsylvania · 1933
  3. Keystone State Theatre Co. v. WidmyerSupreme Court of Pennsylvania · 1951

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