Legal Opinion

Clark v. Callaghan

Supreme Court of Pennsylvania

Decided May 15, 1834PublishedCited by 5 opinions

ERROR to the common pleas of Perry county. This was an action of assumpsit in the common pleas, by MichaelDonnelly, administrator of Jane Callaghan, against Robert Clark and Samuel Galbreath.

Read the full summary

ERROR to the common pleas of Perry county. This was an action of assumpsit in the common pleas, by MichaelDonnelly, administrator of Jane Callaghan, against Robert Clark and Samuel Galbreath. The defendants were administrators of James Cairns deceased, and as such presented their administration account to the orphan’s court, and it was referred to auditors, before whom the matter in dispute was, whether the administrators should be charged with the amount of a note of Robert Clark to James Cairns, the intestate, for 700 dollars, dated the 2d of November 1812. The auditors charged the…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

In cases of legacy and distribution, the chancellor has jurisdiction, by the English law, concurrenily with the spiritual court; and the account is settled in the one court or the other, accotding to the recourse of the claimant. But where an administrator exhibits his account in the spiritual court, without suit or citation, and merely to save the penalty of his bond, it. is neither verified by his oath nor submitted to examination, except when a party in distribution voluntarily appears to contest it; and then it must be sworn to, and…

2Cases cited3 opinions

  1. Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
  2. M'Lenachan v. Commonwealth ex rel. BucherSupreme Court of Pennsylvania · 1829
  3. M'Fadden v. GeddisSupreme Court of Pennsylvania · 1828

3Cited by5 opinions

  1. Reynolds v. BrumagimCalifornia Supreme Court · 1880
  2. Pleasonton's EstateSupreme Court of Pennsylvania · 1911
  3. Mercer v. HoganDistrict of Columbia Court of Appeals · 1883
  4. Clay v. IrvineSupreme Court of Pennsylvania · 1842
  5. Conner's & McGregor's Administrators v. Burd's Executors, Pennsylvania Court of Common Pleas, Cumberland County1873

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API