Bernhardt v. Taylor

Citations

• 223 Pa. 307
• 72 A. 620
• 1909 Pa. LEXIS 530

Syllabus

<p>Practice, C. P. — Affidavit of defense — Matters before the court.</p> <p>1. In disposing of a rule for judgment for want of a sufficient affidavit of defense, nothing is before the court, except the plaintiff’s statement and the defendant’s affidavit in reply to it. To these the court below is confined in determining whether the rule shall be discharged or made absolute.</p> <p>Executors and administrators — Suits against — Scire facias sur certified transcript from orphans’ court — Act of March 29, 1832, sec. 29, P. L. 190 —Defenses—Collateral attack on decree.</p> <p>2. Where, under sec. 29 of the Act of March 29,1832, P. L. 190, a certified transcript from the orphans’ court showing a balance due by an executor, administrator or guardian as ascertained by that court, is filed in the common pleas, and a scire facias is issued thereon, the amount appearing due from the transcript by the accountant, at the time of the adjudication of his account, is conclusive, unless reduced by payments after the adjudication. Payments made prior to the adjudication cannot be considered, inasmuch as the decree of the orphans’ court fixing the amount due at the time of the adjudication is conclusive and cannot be collaterally attacked in the court of common pleas.</p>