Legal Opinion

Smith v. Carter

Supreme Court of Pennsylvania

Decided January 6, 1908No. Appeal, No. 178PublishedCited by 1 opinion

Appeal, No. 178, Oct. T., 1907, by E. D. Carter et al., from decree of C. P. Indiana Co., Sept. T., 1905, No. 5, on bill in equity in case of D. M. Smith and E. B. McGara v. John McGaughey, J. C. King, W. H. Stamey, E. D. Carter, Louis Streuber, B. E. Cartwright and B. E. Cartwright, Executor of L. P. Snyder, deceased, Defendants, E. D. Carter, Louis Streuber, B. E. Cartwright and B. E. Cartwright, Executor of L. P. Snyder, deceased, Appellants.

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Appeal, No. 178, Oct. T., 1907, by E. D. Carter et al., from decree of C. P. Indiana Co., Sept. T., 1905, No. 5, on bill in equity in case of D. M. Smith and E. B. McGara v. John McGaughey, J. C. King, W. H. Stamey, E. D. Carter, Louis Streuber, B. E. Cartwright and B. E. Cartwright, Executor of L. P. Snyder, deceased, Defendants, E. D. Carter, Louis Streuber, B. E. Cartwright and B. E. Cartwright, Executor of L. P. Snyder, deceased, Appellants. Bill in equity for an account. The opinion of the Supreme Court states the case. Errors assigned among others were (1) refusal of motion to set aside…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The learned judge of the court below has correctly disposed of the questions raised bn this record and we agree with his conclusions.

The service was made on the appellants by virtue of the Act of April 6, 1859, P. L. 387, 2 Purd. (13th ed.) 1422. The lands and tenements named in the bill and out of which the suit grew are within the jurisdiction of the court below. The bill was served upon John McGaughey, a citizen and resident of Indiana county, and claimed by the plaintiffs to be a principal defendant. After service had been made upon McGaughey the plaintiffs…

2Cases cited3 opinions

  1. Adams's AppealSupreme Court of Pennsylvania · 1886
  2. Drake v. LacoeSupreme Court of Pennsylvania · 1893
  3. Fidelity Title & Trust Co. v. WeitzelSupreme Court of Pennsylvania · 1893

3Cited by1 opinion

  1. Casper v. PhiladelphiaSuperior Court of Pennsylvania · 1913

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