Woods v. Irwin
Supreme Court of Pennsylvania
APPEALS BY J. W. IRWIN ET AL. FROM THE COURT OF COMMON PLEAS AND THE ORPHANS* COURT OF MONTGOMERY COUNTY. July Term 1890, Sup. Ct.; courts below, No. 19 December Term 1886, C. P.; number and term in O. C. not shown.
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APPEALS BY J. W. IRWIN ET AL. FROM THE COURT OF COMMON PLEAS AND THE ORPHANS* COURT OF MONTGOMERY COUNTY. July Term 1890, Sup. Ct.; courts below, No. 19 December Term 1886, C. P.; number and term in O. C. not shown. N. Adeline Irwin having filed ber second account as executrix of the will of Ninian Irwin deceased, Mr. Jacob V. Cfotwah was appointed auditor by the Orphans’ Court, to pass upon certain exceptions filed to said account, and to make distribution of the moneys in the hands of the accountant. Soon after the appointment of tbe auditor, to wit, on October 12, 1886, suit was brought…
1Opinion of the Court
WOODS v. IRWIN.
Opinion,
Mk. Justice Mitchell:
The action of the court below in opening the judgment was irregular, insomuch as it appears to have been done without evidence. There was a petition setting out certain facts on which petitioners asked to have the judgment opened, to which the plaintiff filed an answer, denying some of the facts alleged and demanding proof of the others. No depositions appear to *293have been taken nor any other evidence presented, so far as the record discloses, and the arguments seem to concede that the court acted on the petition and answer alone. It may be that this…
2Cases cited11 opinions
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- Sossong v. RosarSupreme Court of Pennsylvania · 1886
- Clark v. DouglassSupreme Court of Pennsylvania · 1870
- Meckley's AppealSupreme Court of Pennsylvania · 1883
- Ellinger's AppealSupreme Court of Pennsylvania · 1886
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