Commonwealth v. Magee
Supreme Court of Pennsylvania
Appeal, No. 244, Jan. T., 1907, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1902, No. 4,508, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Charles Beckingham v. James E. Magee and Robert J. Barr. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The facts appears by the opinion of the Supreme Court.
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Appeal, No. 244, Jan. T., 1907, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1902, No. 4,508, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Charles Beckingham v. James E. Magee and Robert J. Barr. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The facts appears by the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This appeal is from an order making absolute a rule for judgment for want of a sufficient affidavit of defense. The action was against a surety on a bond given in 1891, to secure the proper application of the proceeds of a sale of real estate of- a decedent made by the administrator of his estate for the payment of debts. The account of the administrator, which included the proceeds of the sale, was filed and confirmed nisi in 1892. Exceptions to the allowance of the claim of the use plaintiff were filed, but no action was taken in relation to them until October 22,…
2Cases cited4 opinions
- Commonwealth ex rel. D. C. Hyde & Co. v. CopeSupreme Court of Pennsylvania · 1863
- Commonwealth v. MageeSupreme Court of Pennsylvania · 1906
- Commonwealth v. MageeSuperior Court of Pennsylvania · 1904
- Commonwealth v. MageeSuperior Court of Pennsylvania · 1907
3Cited by3 opinions
- Commonwealth v. MageeSupreme Court of Pennsylvania · 1909
- Carstensen v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1928
- Commonwealth ex rel. Sims v. Aetna Casualty & Surety Co., Pennsylvania Court of Common Pleas, Cumberland County1961