Borrell's Administrator v. Borrell
Supreme Court of Pennsylvania
Error to the Common Pleas of Perry county.* This was an action of assumpsit by John Ritter, committee of Samuel Borrell, a lunatic, against Isaac E. Hollenbaugh, administrator of John Borrell, deceased, to recover the plaintiff’s share of the profits of a farm, devised by Nicholas Borrell to his three sons, John, Jacob, and Samuel Borrell, as tenants in common.
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Error to the Common Pleas of Perry county.* This was an action of assumpsit by John Ritter, committee of Samuel Borrell, a lunatic, against Isaac E. Hollenbaugh, administrator of John Borrell, deceased, to recover the plaintiff’s share of the profits of a farm, devised by Nicholas Borrell to his three sons, John, Jacob, and Samuel Borrell, as tenants in common. On the trial, the court allowed an amendment changing the style of the suit, so as to read “ Samuel Borrell, by his committee, John Ritter,” The facts of the case are fully stated in the following charge to the jury, delivered in the…
1Opinion of the Court
*494The opinion of the court was delivered by
Porter, J.
Account render has not been a favourite in modern times. The practitioner of the present day is as much repelled, as the ancient lawyer was attracted, by its cumbrous machinery and want of speed. Formerly, it applied to bailiffs, partners, and by the statute of 4 & 5 Anne, to tenants in common. Against a bailiff, who refuses an account, it remains a successful remedy; and those who are fond of the action, may enjoy here all the happiness it is capable of imparting. The progress of equity practice has nearly swept it off as a remedy between…
2Cases cited3 opinions
- Coles v. ColesNew York Supreme Court · 1818
- Brigham v. EvelethMassachusetts Supreme Judicial Court · 1813
- Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Frazier v. MansfieldSupreme Court of Pennsylvania · 1931
- Enterprise Oil v. National Transit Co.Supreme Court of Pennsylvania · 1896
- Winton Coal Co. v. Pancoast Coal Co.Supreme Court of Pennsylvania · 1895