McCormick v. McGonigal
McCormick v. McGonigal
Opinion of the Court
Opinion by
A single assignment of error brings before us in this case a single question of fact, pure and simple. Was the judgment of Potter, of which the appellant is the assignee, against John McGonigal paid prior to McGonigal’s death? The question was raised before an auditor appointed to distribute the balance in the hands of the administrator of John McGonigal. It was within the power of the auditor to consider this question. If authority for this proposition were needed, it will be found in Borland’s Appeal, 66 Pa. 470: “It is certainly true that an auditor appointed to distribute the proceeds of a sheriff’» sale cannot go behind the judgment of a court of competent jurisdiction either to inquire into its regularity or its merits, but it is equally true that he is not precluded from receiving testimony to show that since its rendition it has been paid or otherwise satisfied.” This question of fact coming within the scope of the legitimate power of the auditor has been found by him against the appellant. The orphans’ court, upon exceptions to the report of the auditor, confirmed his finding of fact. The
Reference
- Full Case Name
- C. S. McCormick and F. S. Nevling v. James L. McGonigal, Administrator
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Judgment — Auditor may inquire as to payment. While an auditor appointed to distribute a fund cannot go behind a judgment of a court of competent jurisdiction to inquire into its regularity or its merits he is not precluded from receiving testimony to show that since its rendition it has been paid or otherwise satisfied. Appeal — Review of auditor's findings of fact. An appellate court will not disturb the findings of fact made by an auditor and confirmed by the court below, except in cases of fraud, of clear mistake or of manifest lack of due consideration.