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1 Monag. 664

Small's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1888

Supreme Court of Pennsylvania · decided 1888-10-01

Appeal, No. 27, July T. 1887, of Bruce Small and Susan E., Ms wife, and Louisa H. Youngman, from a decree of O. C. Northumberland Co., dismissing exceptions to a master’s report and revoking a former decree of confirmation of an inquest in the partition of the real estate of John G. Youngman, deceased, the appellants being heirs and devisees of the decedent. Tbunkey, J., absent. The facts appear in the following report of the auditor, Geo.

Cited by 2 later decisions — most recently March 1951

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-10-01

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Sterrett, J.,

¶1The very elaborate argument of the learned counsel for appellants has failed to convince us that the decree complained of should be reversed. In view of the delay and very considerable expense that have resulted from these proceedings, it is to be regretted that their radically defective character was not sooner brought to the attention of the court and the proper remedy applied. The want of jurisdiction, made manifest by the clear and exhaustive report of the learned auditor, was necessarily fatal at any stage of the proceedings. Everything that can be profitably said, on the questions involved, may be found in the auditor’s report and opinion of the court below. For reasons there given, the decree should not be disturbed.

¶2Decree affirmed and appeal dismissed at appellant’s costs.

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