Romig's Appeal

Supreme Court of Pennsylvania

Romig's Appeal

8 Watts 415

CourtSupreme Court of Pennsylvania

DecidedJuly 15, 1839

StatusPublished

Cited by3 cases

This text of 8 Watts 415 (Romig's Appeal) 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

Romig's Appeal, 8 Watts 415 (Pa. 1839).

Pincite

Opinion

Per Curiam.

Of a part of the premises named in the writ and inquisition, the orphans’ court had not jurisdiction. The proper course, to divide the estate of an intestate tenant in common, was pointed out in Feather a. Strohœcker, 3 Penn. Rep. 505, and ought .to have been pursued here; for the consent of the other tenant in [416]*416common could not give the orphans’ court a jurisdiction which the legislature had withheld from it. As then we cannot, quash the writ and inquisition in part, the whole must be quashed.

Proceedings quashed.

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Per Curiam.

Of a part of the premises named in the writ and inquisition, the orphans’ court had not jurisdiction. The proper course, to divide the estate of an intestate tenant in common, was pointed out in Feather a. Strohœcker, 3 Penn. Rep. 505, and ought .to have been pursued here; for the consent of the other tenant in [416]*416common could not give the orphans’ court a jurisdiction which the legislature had withheld from it. As then we cannot, quash the writ and inquisition in part, the whole must be quashed.

Proceedings quashed.

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Bluebook (online)

8 Watts 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romigs-appeal-pa-1839.

Opinion

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