In re the Estate of Dyott
Supreme Court of Pennsylvania
THIS case came before the court by appeal from the decree of the Court of Common Pleas of the city and county of Philadelphia, confirming the report of auditors appointed to settle the account of Samuel Sneyd, assignee of J. B. & C. W. Dyott, under an assignment for the benefit of releasing creditors, dated the 26th of January 1839. The auditors’ report was a full one, but it is necessary only to state those parts of it which were contested on this appeal.
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THIS case came before the court by appeal from the decree of the Court of Common Pleas of the city and county of Philadelphia, confirming the report of auditors appointed to settle the account of Samuel Sneyd, assignee of J. B. & C. W. Dyott, under an assignment for the benefit of releasing creditors, dated the 26th of January 1839. The auditors’ report was a full one, but it is necessary only to state those parts of it which were contested on this appeal. The auditors reported: “ That the said accounts are correctly stated and duly vouched as respects the amount of 'receipts and payments by…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It has been repeatedly held, as is seen in Hise’s Estate, (5 Watts 157), that the Supreme Court takes cognizance of ’appeals from the Orphans’ Court as an appellate court strictly. This is the general rule; although as respects that court, and that court alone, it has been modified by the Act of the 14th April 1835, which enables the Supreme Court to hear and determine the same as to right and justice may belong, and vests a power in them to refer the case to auditors, when in their discretion they may think proper. The rule is at least as…
2Cases cited4 opinions
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Fox v. WilcocksSupreme Court of Pennsylvania · 1806
- Hise's EstateSupreme Court of Pennsylvania · 1836
3Cited by16 opinions
- Elmes v. ElmesSupreme Court of Pennsylvania · 1848
- Meckley's AppealSupreme Court of Pennsylvania · 1883
- Borland's AppealSupreme Court of Pennsylvania · 1870
- Thompson's AppealSupreme Court of Pennsylvania · 1868
- Henderson ex rel. Second National Bank v. WaidSupreme Court of Pennsylvania · 1868
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