Appeal of Thomas

Citations

• 124 Pa. 640
• 23 W.N.C. 409
• 17 A. 181
• 1889 Pa. LEXIS 1068

Syllabus

<p>1. By § 55, act of March 29, 1882, P. L. 208, the Orphans’ Court is expressly empowered “ to send an issue to the Court of Common Pleas of the same county, for the trial of facts by a jury, whenever they shall deem it expedient so to do.”</p> <p>2. If, therefore, that court be dissatisfied with the conclusions of a commissioner appointed with the powers of an examiner and master, in a pending proceeding, the proper exercise of its discretion in setting aside his report and sending an issue to a jury is not roviewable in this court.</p> <p>3. But, where the judgment rendered on the issue awarded must be reversed for error in the trial thereof, all proceedings in the Orphans’ Court subsequent to such judgment, even though regular, will be set aside, and further proceedings stayed until final determination of the controverted matter.*</p>