Mercur's Estate
Supreme Court of Pennsylvania
Appeal, No. 339, Jan. T., 1892, by W. E. Lane, administrator d. b. n. c. t. a. of James W. Mercur, deceased, from decree of O. C. Bradford Co., Feb. T., 1889, No. 63, dismissing petition for citation. The facts as they appeared before Sittser, P. J., of the 44th judicial district, specially presiding, are stated in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mb,. Justice Stebbett,
This case was heard on the petition and answer thereto; and, in December, 1890, the citation prayed for was refused. Nearly three months thereafter, a replication was filed by leave of court, and an application, then made, for a rehearing, was denied. The only error assigned is the refusal of the court to award the citation.
Appellant elected to set the cause down for hearing on petition and answer. According to the settled practice in equity, the effect of this was substantially to admit the truth of all matters of fact properly averred in the answer.
In the…
2Cases cited2 opinions
- Lininger's AppealSupreme Court of Pennsylvania · 1885
- Lininger's AppealSupreme Court of Pennsylvania · 1882
3Cited by4 opinions
- Hahn v. HutchinsonSupreme Court of Pennsylvania · 1893
- Gramm EstateSupreme Court of Pennsylvania · 1966
- Zimmerman's EstateSuperior Court of Pennsylvania · 1903
- Carnell's EstatePennsylvania Orphans' Court, Philadelphia County · 1940