Legal Opinion

Commonwealth v. Remaley

Superior Court of Pennsylvania

Decided May 23, 1901No. Appeal, No. 46Published

Appeal, No. 46, Jan. T., 1901, by plaintiffs, from order of C. P. Luzerne Co., May T., 1900, No. 583, sustaining exceptions to report of referee, in case of Commonwealth to use of J. P. Briggs, Guardian of Myrtle R. Baer, v. Webster Remaley et al. Exceptions to report of Joseph D. Coons, Esq., referee. It appeared from the report of the referee that suit was brought on a bond of M. E. Walker, administrator d. b. n. c. t. a. of S. H. Baer, deceased.

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Appeal, No. 46, Jan. T., 1901, by plaintiffs, from order of C. P. Luzerne Co., May T., 1900, No. 583, sustaining exceptions to report of referee, in case of Commonwealth to use of J. P. Briggs, Guardian of Myrtle R. Baer, v. Webster Remaley et al. Exceptions to report of Joseph D. Coons, Esq., referee. It appeared from the report of the referee that suit was brought on a bond of M. E. Walker, administrator d. b. n. c. t. a. of S. H. Baer, deceased. The original of the bond was lost. The record copy disclosed a blank in which the name of the estate should be inserted. The referee reported,…

1Opinion of the Court

Opinion by

William W. Porter, J.,

This suit is brought against the sureties of a deceased administrator upon an administration bond for the amount of certain payments ordered to be made to the plaintiff by the said administrator by the orphans’ court. The bond was shown to be lost. Under the act of assembly of- April 13,1868, P. L. 882, applicable to Luzerne countjq the records of administration bonds are evidence of matters therein contained “ as fully as the original would be if produced.” The record copy of the *252bond was offered in evidence and disclosed a blank where the name of the estate,…

2Cases cited2 opinions

  1. Boyd v. CommonwealthSupreme Court of Pennsylvania · 1860
  2. Clement's AppealSupreme Court of Pennsylvania · 1882

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