About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 In the Supreme Court of Pennsylvania. Bickings' Appeal. Appeal from the Decree of the Orphans' Court of Philadelphia County. Opinion of the Court by Sharswood, J. 1868

handle is hein.trials/adjy0001 and id is 1 raw text is: In the Supreme Court of Pennsylvania. BICKINGS' APPEAL. Appealfrom the Decree of the Orphans' Court of Philadelphia County. Opinion of the Court, by SHARSWOOD, J. The main contention on behalf of the appellant, was that the Court below had committed an error in disregarding and setting aside the report of the Auditor on a question of fact. It has been stated, as a general rule, in Menge's Appeal, 7 Harris, 221, that where facts have been found by the Auditors, and approved by the Court below, the case must manifest most flag- rant error in order to justify the Supreme Court in interfering with the report. What the rule is where the report of the Auditor has not been approved by the Court below, has never been decided. We have been referred to two cases only, in which this Court has affirmed the decision of an Auditor, upon a question of fact, where the decision has been set aside by the Court. In neither of these cases was the mere setting aside of the report the ratio decidendi. In Miller's Appeal, 6 Casey, 478, two sets of accounts as Executor and Trustee were filed in the Orphans' Court and Court of Common Pleas respectively. They were both referred to the same Auditors, and the parties agreed in writing that their report on the settlement and distri- bution of the whole estate should be final and conclusive, with-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most