Shillito v. Shillito
Citations
- 160 Pa. 167
- 28 A. 637
- 1894 Pa. LEXIS 788
Syllabus
<p>Will — Equity—Charge of maintenance on devisees jointly — Contribution —Jurisdiction—Effect of voluntary hearing — Practice.</p> <p>Where a testator imposes upon his sons to whom he has devised his land the duty of maintaining his widow and daughters, one of the sons who has performed this duty may compel the other to contribute to the expense thereof by a bill in equity, where a question of accounts is raised by the pleadings.</p> <p>While a manifest want of jurisdiction of a court of equity may be taken advantage of at any stage of the cause, the court will not permit an objection to its jurisdiction to prevail in doubtful cases after the parties have voluntarily proceeded to a hearing before a master on the merits. In such case the court will administer equitable relief. j</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- mandamus does not lie to compel more prompt ruling on publications coming into prison as prescribed by DOC directives
- no basis for inmate’s claim for declaratory judgment because the petition does not indicate how declaratory relief will terminate a controversy or resolve any uncertainty
- “Once an agency has performed the duty to make a discretionary decision, a dissatisfied party may not seek to compel a different result through mandamus.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Collum, Dean, Green, McCollum, Mitchell, Sterrett, Thompson, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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