15 Pa. 87 | Pa. | 1850
The opinion of the court was delivered by
The 29th section of the act of 29th March, 1882, makes the certified transcripts of balances due by executors, administrators, or guardians, as ascertained in the Orphans’ Court, when filed in the Court of Common Pleas of the respective counties, a lien on the estate of the respective executor, administrator, or guardian; and authorizes the issuing of a scire facias or the institution of an action of debt on such transcripts. It is strongly alleged that the provision, as it affects guardians, only applies to final accounts, settled after the ward has arrived to full age. That interpretation, however, is too narrow; because guardians do not always give security; that being a matter resting in the discretion of the court: and where the sums are large, as was the case here, it is more expedient and useful that there should be a lien on the estate, even upon an interlocutory settlement, than upon a settlement when the ward arrives at full age. The provision for a certified transcript and lien is in the same act as that providing for
The guardian was not entitled to appeal without the payment of costs. He was not sued in a representative capacity, in the true reading of the statute. He was sued as a man defaulting, in his own right, and, as such, was bound to pay the costs; and, if he had felt himself much aggrieved, would have done so, I presume.
It has been determined by this court, that the only remedy is by an appeal from the award of arbitrators, even when there is error alleged in the form of the suit or the narr.
The appeal was properly dismissed for the non-payment of costs, and no sufficient cause was shown, that we can see from this record, for arresting the execution and stopping the proceedings.
Judgment of the court below, and order in respect to execution, affirmed.