Armstrong's Appeal
Supreme Court of Pennsylvania
May 2d 1871. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the Orphans’ Court of Lancaster county : Of May Term 1871, No. 87 in the estate of Fanny Breneman, deceased. The decedent died September 30th 1868, intestate, and administration of her estate was granted to Andrew Armstrong.
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May 2d 1871. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the Orphans’ Court of Lancaster county : Of May Term 1871, No. 87 in the estate of Fanny Breneman, deceased. The decedent died September 30th 1868, intestate, and administration of her estate was granted to Andrew Armstrong. His account was confirmed nisi, December 20th 1869; a number of exceptions were filed to the account by the other heirs, which with the account were referred to D. Gr. Eshleman and A. Slaymaker, Esqrs., as auditors. The 4th, which was the only one considered in the Supreme Court, was…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
The assignment of errors in this case is entirely defective. It is not a1 good assignment of an error to say that the court overruled the first exception, without setting out the exception itself. Pleadings are as essential in a court of error as in the court below. The assignments of error serve the same purpose in the former as a declaration in the latter; to place in the *411record and before the court the very issue to be determined. Hence the plaintiff in error, by his assignment as it is termed, declares, in the record itself, what error it…
2Cited by7 opinions
- Fricke's EstateSuperior Court of Pennsylvania · 1901
- Brittain's EstateSuperior Court of Pennsylvania · 1905
- Greenough v. SmallSupreme Court of Pennsylvania · 1890
- Crawford's EstateSupreme Court of Pennsylvania · 1936
- Spencer's EstateSupreme Court of Pennsylvania · 1910
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