Rowland v. Harbaugh
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. Jonathan Rowland, executor of Jacob Harbaugh, settled his administration account of the estate of his testator in 1820, by which it appeared there was a balance in the hands of the accountant.
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ERROR to the common pleas of Fayette county. Jonathan Rowland, executor of Jacob Harbaugh, settled his administration account of the estate of his testator in 1820, by which it appeared there was a balance in the hands of the accountant. Jonathan Rowland died in 1S31; and atranscriptof the said balance was filed, in pursuance of the act of the 1st of April 1823, in the prothonotary’s office in 1833 ; upon which the writ of scire facias in this case issued, at the suit of William Harbaugh, one of the children and heirs at law of Jacob Harbaugh, deceased, against Thomas Rowland, Charles…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
’The question raised in this case is settled in Brown v. Webb, 1 Watts 411. For, admitting that a scire facias might have been sued out upon the transcript of the amount appearing to be due and in the hands of Jonathan Rowland, as the executor of Jacob Harbaugh, deceased, which I think could not well be, as the transcript was not filed in the prothonotary’s office until after the death of Jonathan Rowland, it could not be maintained against his heirs without making either his executors or administrators likewise a party to it; and if it be,…
2Cases cited5 opinions
- Graff v. Smith's AdministratorsSupreme Court of the United States · 1789
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
- Nokes v. SmithSupreme Court of Pennsylvania · 1793
- Scott v. RamsaySupreme Court of Pennsylvania · 1807
- Brown v. WebbSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
- Nokes v. SmithSupreme Court of Pennsylvania · 1793