Foulk v. Brown
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Action of debt by Lewis Foulk, administrator of Isabella Foulk deceased, against Thompson Brown, executor of William Brown, Sen. deceased,-to November term 1829. The following declaration was filed, and exhibits the plaintiff’s cause of action, and the dates of the material facts which gave rise to the questions of law, except that Lewis Foulk presented a petition to the orphan’s court in 1827, for a citation to Thompson Brown…
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ERROR to the common pleas of Cumberland county. Action of debt by Lewis Foulk, administrator of Isabella Foulk deceased, against Thompson Brown, executor of William Brown, Sen. deceased,-to November term 1829. The following declaration was filed, and exhibits the plaintiff’s cause of action, and the dates of the material facts which gave rise to the questions of law, except that Lewis Foulk presented a petition to the orphan’s court in 1827, for a citation to Thompson Brown to settle his administration account. Cumberland county, ss. T. Brown, late of said county, executor of the last will of…
1Opinion of the Court
*213The opinion of the Court was delivered by
Sergeant, J.
The first error assigned is, that the court erred in sustaining the appeal of the defendant, entered without oath or bail. The appeal was entered in this manner under the proviso in the fourteenth section of the act of the 20th of March 1810, that where executors or administrators may be the party appellant, they shall have an appeal as is by law allowed in other cases. The construction of this proviso has been, that they may enter their appeal without oath, without payment of costs, and without recognizance in the natureof special bail.…
2Cases cited4 opinions
- Clark v. HerringSupreme Court of Pennsylvania · 1812
- Pemberton v. ParkeSupreme Court of Pennsylvania · 1813
- Grant v. BontzU.S. Circuit Court for the District of District of Columbia · 1819
- Richards v. BickleySupreme Court of Pennsylvania · 1825
3Cited by47 opinions
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
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