Commonwealth v. Parish, Admrx.

Supreme Court of Pennsylvania

Commonwealth v. Parish, Admrx.

7 A.2d 333, 336 Pa. 159, 1939 Pa. LEXIS 488

CourtSupreme Court of Pennsylvania

DecidedMay 23, 1939

DocketAppeal, 303

StatusPublished

This text of 7 A.2d 333 (Commonwealth v. Parish, Admrx.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Parish, Admrx., 7 A.2d 333, 336 Pa. 159, 1939 Pa. LEXIS 488 (Pa. 1939).

Pincite

Opinion

Opinion by

Mr. Justice Barnes,

This appeal is ruled by our decision in Waits’ Estate, 336 Pa. 151. The Department of Public Assistance, on behalf of the Commonwealth, brought this action of assumpsit to recover from the estate of Ella Hansen, deceased, the sum of $728.00 paid to the decedent during the period from December, 1934, to March, 1937, under the Old Age Assistance Acts of January 18, 1934, P. L. 282 and June 25, 1936, P. L. 28. The affidavit of defense admitted the receipt by the decedent of the amount sued for, but denied liability on the ground that it was a gratuity from the Commonwealth, imposing no obligation of repayment. The court below entered judgment against the defendant for want of a sufficient affidavit of defense.

All the issues here raised were resolved by this Court in favor of the Commonwealth in Waits’ Estate, supra, and require no further discussion.

Decree affirmed. Costs to be paid by the estate.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Mr. Justice Barnes,

This appeal is ruled by our decision in Waits’ Estate, 336 Pa. 151. The Department of Public Assistance, on behalf of the Commonwealth, brought this action of assumpsit to recover from the estate of Ella Hansen, deceased, the sum of $728.00 paid to the decedent during the period from December, 1934, to March, 1937, under the Old Age Assistance Acts of January 18, 1934, P. L. 282 and June 25, 1936, P. L. 28. The affidavit of defense admitted the receipt by the decedent of the amount sued for, but denied liability on the ground that it was a gratuity from the Commonwealth, imposing no obligation of repayment. The court below entered judgment against the defendant for want of a sufficient affidavit of defense.

All the issues here raised were resolved by this Court in favor of the Commonwealth in Waits’ Estate, supra, and require no further discussion.

Decree affirmed. Costs to be paid by the estate.

Cite This Page — Counsel Stack

Bluebook (online)

7 A.2d 333, 336 Pa. 159, 1939 Pa. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-parish-admrx-pa-1939.

Opinion

Related

Cite This Page — Counsel Stack