M'Lenachan v. Commonwealth ex rel. Bucher
Supreme Court of Pennsylvania
Writ of error to the District Court for the city and county of Lancaster, on. which the record was returned, accompanied by several bills of -exceptions, tendered by the defendants below, who were plaintiffs in error.
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Writ of error to the District Court for the city and county of Lancaster, on. which the record was returned, accompanied by several bills of -exceptions, tendered by the defendants below, who were plaintiffs in error. From the record it appeared', that at June Term, 1824, a judgment was obtained in the name of the Commonwealth against James M‘Lenachan and JLnn, his wife, administrators ,of Martin, Bucher, deceased, on their administration bond.. .On this judgment a Scire Facias issued for' the use of Martin Bucher, the plaintiff, to recover his distributive share of the estate of Marlin…
1Opinion of the Court
The opinion of the court was delivered by .
Gibson, C. J.
In M'Fadden v. Geddis, decided at the last term at this place, if was determined, against' the current of the former decisions, that the confirmation-of an'administration account is conclusive on the parties in an'action at law; and although I felt my*361self bound by the authorities to dissent, I should be.sorry to see the decision disturbed .now, even if it were wrong on principle, which I do not admit. I take it, therefore, to be settled; that the confirmation of an administration -account, like any other decree of the Orphans’ Court,…
2Cases cited1 opinion
- Kirby v. TaylorNew York Court of Chancery · 1822
3Cited by6 opinions
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Clark v. CallaghanSupreme Court of Pennsylvania · 1834
- Mortland v. HimesSupreme Court of Pennsylvania · 1848
- Fox v. WintersSupreme Court of Pennsylvania · 1833
- Keech v. RinehartSupreme Court of Pennsylvania · 1849
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