Marsteller v. Marsteller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1880, No. 89. Debt by William H. and Oliver F. Marsteller, administrators of Sarah Elweina Marsteller, deceased, against Henry Franklin Marsteller. The plaintiffs were the sons of the decedent, who died intestate in 1864. The defendant was their father. Letters of administration were granted to the plaintiffs in 1876, when this action was brought.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1880, No. 89. Debt by William H. and Oliver F. Marsteller, administrators of Sarah Elweina Marsteller, deceased, against Henry Franklin Marsteller. The plaintiffs were the sons of the decedent, who died intestate in 1864. The defendant was their father. Letters of administration were granted to the plaintiffs in 1876, when this action was brought. Neither the praecipe nor the writ recited the specific amount of the debt. The first count of the narr. averred an indebtedness of $10,000 “ for work and labor, care and diligence…
1Opinion of the CourtJustice Trunkey
Sarah E. Marsteller died in 1864, leaving a husband and five children surviving. Letters of administration upon her estate were issued in 1876, and in the same year, this action was commenced to recover money she had loaned to her husband, the defendant. He alleges, that the court erred in refusing his point, that “ the plaintiff cannot recover because of the bar of the Statute of Limitations and this is the chief subject presented in the numerous assignments.
This point depends on the question when the right of action accrued; for until then, in those cases where the remedy is suspended, the…
2Cases cited4 opinions
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Bucklin v. FordNew York Supreme Court · 1849
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Man v. WarnerSupreme Court of Pennsylvania · 1839
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- Johnson v. Peoples First National Bank & Trust Co.Supreme Court of Pennsylvania · 1958
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Lineaweaver's EstateSupreme Court of Pennsylvania · 1925
- Banfield v. SchuldermanOregon Supreme Court · 1931
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