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Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 11: (English)

Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 11: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...the power and jurisdiction of the Register's Court are transferred to the Orphans' Court; the Register is made the Clerk of the Court; and "in all matters pertaining to his office" is "subject to its directions." The language thus used is very general; the subjection to the Court is not confined to acts done by him as clerk simply, but extends to all matters pertaining to his office; and it is difficult to resist the conclusion that the control formerly exercised by the Common Pleas was thus intended to be vested in the Orphans' Court. (See Turnpike Co. v. McNamara, 22 Smith, 280; Commonwealth v. Randall, 2 Weekly Notes, 210.) But when this controlling power is invoked, it is incumbent upon the party seeking it, as it was when a mandamus was asked for in the Court of Common Pleas, to satisfy the Court that a case contemplated by the Act of 1832, and requiring the intervention of law Judges, has arisen. The petition here alleges that in a proceeding before the Register under a caveat against the admission to probate of the will of the decedent, Peter Cullen, and before an issue upon the petition of the contestants had been granted, "a conflict of testimony concerning the question of the kindred of the said decedent" had arisen, and that the request of the petitioners "to refer the said difficult and disputable matter" to the Orphans' Court, had been refused by the Register. The prayer is that the Register be required to show cause why he should not certify such disputable and difficult matter to the Court, etc. etc. The answer of the Register denies that any question of kindred arose before him. It sets forth that a petition had been filed by the nieces and nephew of the decedent in which their relationship and right t...


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Product Details
  • ISBN-13: 9781130309669
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 548
  • Series Title: English
  • Weight: 966 gr
  • ISBN-10: 1130309665
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 28 mm
  • Width: 189 mm

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Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 11: (English)
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