In re Baldwin's Estate
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Jefferson county.- Oct. 21. In'December and February Terms, 1841, certain judgments were obtained against Baldwin. On the 30th May,. 1842, a mortgage, executed by Baldwin to Fitzsimmons, was recorded, which was given to secure two bonds of $7-00 each, payable on the 1st of May, 1843 and 1844, respectively.
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Appeal from the Common Pleas of Jefferson county.- Oct. 21. In'December and February Terms, 1841, certain judgments were obtained against Baldwin. On the 30th May,. 1842, a mortgage, executed by Baldwin to Fitzsimmons, was recorded, which was given to secure two bonds of $7-00 each, payable on the 1st of May, 1843 and 1844, respectively. On the 1st November, 1842, Fitzsimmons signed judgment against Baldwin for $425. Other judgments followed against Baldwin, and in May Term, 1843, Fitzsimmons entered judgment on the $700 bond, and issued execution, under which a part of the mortgaged premises…
1Opinion of the Court
Coulter, J.,
after stating the exceptions to the decree.— The argument of the counsel for the appellant, to sustain the first exception, was, that tire statute makes no provision for an audilor’s fee, and that therefore the court is interdicted from allowing compensation.
The prohibition in the statute is expressly confined to officers for whom fees are provided.
The duties of an auditor aré a necessary and often a very important part of the administration of justice. In the Orphans’ Court the duties are in many respects similar to those of a master in Chancery, and in the Common Pleas they are…
2Cited by4 opinions
- Fidelity Trust Co. v. New York Finance Co.Court of Appeals for the Third Circuit · 1903
- Wherry ex rel. Rosensteel v. WherrySupreme Court of Pennsylvania · 1897
- Hottenstein's EstatePennsylvania Orphans' Court, Lehigh County · 1924
- R. Levy & Sons, Inc. v. McCloskey, Pennsylvania Court of Common Pleas, Philadelphia County1929