M'Williams v. Hopkins
Supreme Court of Pennsylvania
This was an action on the case brought by Mary M'Williams, administratrix, &c. of James M‘Williams deceased, against Joseph R. Hopkins, Esq.
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This was an action on the case brought by Mary M'Williams, administratrix, &c. of James M‘Williams deceased, against Joseph R. Hopkins, Esq. At a Court of Nisi Prius, held at Philadelphia on the 9th of December,. 1835, a verdict was rendered for the plaintiff, with $661 damages; upon which judgment was entered. having obtained a rule to show cause why the defendant should not be allowed to set off against this judgment, a certain judgment for costs obtained against the plaintiff in a suit brought by her as administratrix, in the District Court, and assigned to the present defendant; the rule…
1Per curiam
A set-off of the judgment for costs assigned to the defendant, which has been recovered in another action, cannot be allowed. These costs, though incurred in an action by the plaintiff as administratrix, are her proper debt, and the judgment for them is de bonis propriis. It is true they may be allowed to her out of the estate in the settlement of her accounts; but that is not an inevitable consequence ; and to allow them here by defalcation of judgments, would be an usurpation of the power of the Orphans’ Court. The rule must be
Discharged.
2Cited by3 opinions
- Keifer v. SummersIndiana Supreme Court · 1894
- Callender's Administrator v. Keystone Mutual Life InsuranceSupreme Court of Pennsylvania · 1854
- Murphy v. LoydSupreme Court of Pennsylvania · 1838