Legal Opinion

Hibshman v. Dulleban

Supreme Court of Pennsylvania

Decided May 15, 1835PublishedCited by 30 opinions

ERROR to the district court of Lancaster county. John Dulleban brought this action on the case against the executors of Martin Laber deceased. The action is for a legacy ; to which the defendants pleaded a release. The plaintiff replied, that this release was obtained by fraud, covin and misrepresentation.

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ERROR to the district court of Lancaster county. John Dulleban brought this action on the case against the executors of Martin Laber deceased. The action is for a legacy ; to which the defendants pleaded a release. The plaintiff replied, that this release was obtained by fraud, covin and misrepresentation. The rejoinder of the defendants set forth, that on the exhibition of the administration account of these defendants, as executors of Martin Laber deceased, the present plaintiff then excepted,to the account, on which occasion this release was exhibited to the orphan’s court as a full answer…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

—-The defendants having pleaded a release to the plaintiff’s declaration for a'legacy and the plaintiff having replied per fraudem, the defendants rejoin that, the release was exhibited by them in the orphan’s court, and allowed by that court as a decisive bar to exceptions taken by the plaintiff to their. administration account ; and the question raised by the demurrer is, whether the validity of the release has passed in rein judicatam. The law of the *191case, with its distinctions, has been, compressed into the dimensions of a nutshell, by…

2Cited by30 opinions

  1. Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
  2. Schwan v. KellySupreme Court of Pennsylvania · 1896
  3. Lewis & Nelson's AppealSupreme Court of Pennsylvania · 1871
  4. Marvin v. DutcherSupreme Court of Minnesota · 1880
  5. MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928

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