M'Williams v. Hopkins

Supreme Court of Pennsylvania

M'Williams v. Hopkins

1 Whart. 275, 1836 Pa. LEXIS 196

CourtSupreme Court of Pennsylvania

DecidedFebruary 6, 1836

StatusPublished

Cited by3 cases

This text of 1 Whart. 275 (M'Williams v. Hopkins) 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

M'Williams v. Hopkins, 1 Whart. 275, 1836 Pa. LEXIS 196 (Pa. 1836).

Pincite

Opinion

Per Curiam.

A set-off of the judgment for costs assigned to the defendant, which has been recovered in another action, cannot be allowed. These costs, though incurred in an action by the plaintiff as administratrix, are her proper debt, and the judgment for them is de bonis propriis. It is true they may be allowed to her out of the estate in the settlement of her accounts; but that is not an inevitable consequence ; and to allow them here by defalcation of judgments, would be an usurpation of the power of the Orphans’ Court. The rule must be

Discharged.

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

Per Curiam.

A set-off of the judgment for costs assigned to the defendant, which has been recovered in another action, cannot be allowed. These costs, though incurred in an action by the plaintiff as administratrix, are her proper debt, and the judgment for them is de bonis propriis. It is true they may be allowed to her out of the estate in the settlement of her accounts; but that is not an inevitable consequence ; and to allow them here by defalcation of judgments, would be an usurpation of the power of the Orphans’ Court. The rule must be

Discharged.

Cite This Page — Counsel Stack

Bluebook (online)

1 Whart. 275, 1836 Pa. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mwilliams-v-hopkins-pa-1836.

Opinion

Related

Cite This Page — Counsel Stack