Haller's Estate

Citations

• 56 Pa. Super. 48
• 1914 Pa. Super. LEXIS 38

Syllabus

<p>Appeals — Auditor’s report — Exceptions—Rehearing.</p> <p>1. Where exceptions to an auditor’s report are dismissed, and no appeal is taken therefrom, and the appellate court subsequently quashes an appeal from a decree dismissing a petition for a rehearing, a subsequent decree of the court below awarding the fund found by the auditor, to the party entitled thereto, cannot be reviewed by the appellate court.</p> <p>Assignment for creditors — Surcharge—Evidence.</p> <p>2. Where an assignee for creditors has been surcharged by the decree of the court, and the person entitled to the surcharge thereafter dies, and the assignee claims that decedent has agreed to release him from the surcharge upon paying counsel fees, such an agreement cannot be established by ex parte statements of decedent’s counsel filed of record in the decedent’s lifetime that the fees had been paid, and their receipt for the same also filed in the record of the case.</p> <p>Appeals — Paper-books—Failure to print portion of record.</p> <p>3. The failure to print a portion of the record is not a ground for quashing an appeal where the portion omitted is not essential in the determination of the questions presented by the assignments of error.</p>