Ervine's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court, of York county. This was an appeal from the decree of the Orphans’ Court of York county on the petition of Daniel Ervine, a legatee under the will of Patrick Ervine, deceased, praying for an order to sell certain real estate.
Read the full summary
Appeal from the decree of the Orphans’ Court, of York county. This was an appeal from the decree of the Orphans’ Court of York county on the petition of Daniel Ervine, a legatee under the will of Patrick Ervine, deceased, praying for an order to sell certain real estate. The petition was as follows :— To the Honorable the Judges of the Orphans’ Court of York county: The petition°of Daniel Ervine, son and legatee under the last will and testament of Patrick Ervine, late of York township, York county, deceased, respectfully represents: That by the said last will and testament, the said Patrick,…
1Opinion of the Court
The opinion of the court was delivered June 12, by
Coulter, J.
The Constitution of the United States ordains “that no person shall be deprived of life, liberty, or property, without due process of law,” and the constitution of this State contains an equivalent provision in words nearly alike.
It is an affirmation .of a great doctrine contained in Magna Charta: “neither will we pass upon anyone but by the lawful judgment of his peers or by the law of the land.” And Lord Coke says that the words “per legem terra,” mean, by due process of law, and being brought into court to answer according to…
2Cases cited1 opinion
- Craig v. LeslieSupreme Court of the United States · 1818
3Cited by25 opinions
- Commonwealth v. SutleySupreme Court of Pennsylvania · 1977
- Willcox v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1947
- Borsch EstateSupreme Court of Pennsylvania · 1949
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Grote TrustSupreme Court of Pennsylvania · 1957
20 more not listed; retrieve them via the Exa API.