Wentz v. Blair

Citations

• 232 Pa. 135
• 81 A. 144
• 1911 Pa. LEXIS 688

Syllabus

<p>Decedents’ estates — Executors and administrators — Suit against administrator — Jurisdiction, C. P.</p> <p>1. An action by an heir of a decedent against the administrator of the decedent for moneys had and received cannot be maintained where there has been no adjudication of the estate by the orphans’ court, and there is nothing to show any promise by the administrator to pay any certain sum to the plaintiff in lieu of her distributive share in the decedent’s estate.</p> <p>Practice, C. P.- — Trial—Nonsuit.</p> <p>2. A plaintiff cannot complain of a nonsuit entered by the court before he had an opportunity of introducing all his testimony, where the record does not show that he offered any additional testimony, or had noted on the record any objection or exception to the alleged premature closing of the case, or to the rejection of any testimony.</p>