Winton v. Morss
Supreme Court of Pennsylvania
Appeals from the decree of the Court of Common Pleas of Luzerne county. In Equity. Of July Term 1879, Nos. 43 and 82. This was a petition, filed April 13th 1877, by D. K. Morss, surviving executor of James Mott, deceased, defendant in the equity cause of Winton v. Morss et al., in which cause a final decree was entered January 26th 1875, and affirmed in the Supreme Court, upon appeals taken by each party January 29th 1876. This petition was in the nature of a supplemental…
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Appeals from the decree of the Court of Common Pleas of Luzerne county. In Equity. Of July Term 1879, Nos. 43 and 82. This was a petition, filed April 13th 1877, by D. K. Morss, surviving executor of James Mott, deceased, defendant in the equity cause of Winton v. Morss et al., in which cause a final decree was entered January 26th 1875, and affirmed in the Supreme Court, upon appeals taken by each party January 29th 1876. This petition was in the nature of a supplemental bill to enforce the said final decree. It was entitled as a proceeding in the said cause. It recited the prior proceedings…
1Opinion of the CourtJustice Paxson
Winton’s Appeal.
This proceeding was in the nature of a supplemental bill in aid of a decree in equity. It is not so technically, for the reason that it was commenced by petition. The form adopted was not objected to, nor is it material.
That a bill may he filed for such a purpose is well settled. It is true it cannot vary the principle of the decree. Its province is to carry out the decree, and to give full and complete effect to it as it exists: Hodson v. Ball, 1 Phil. Ch. 177; Adams’s Equity, 416, where several authorities are cited.
It would be tedious to recite all the prior proceedings in…
2Cited by14 opinions
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