Fulton v. Miller

Supreme Court of Pennsylvania
Fulton v. Miller, 192 Pa. 60 (Pa. 1899)
43 A. 409; 1899 Pa. LEXIS 878
Dean, Fell, Green, McCollum, Mitchell

Fulton v. Miller

Opinion of the Court

Per Curiam,

The decree in this case is affirmed on the opinion of the learned court below. The settlement of the complicated accounts between the parties cannot be adjusted in this proceeding. Had the suggestion made in the opinion of this court in Fulton’s Appeal, 178 Pa. 78, been followed, it is quite probable this litigation would have been ended before now, but as that has not been done, a bill in equity is perhaps the only available remedy.

Decree affirmed and appeal dismissed at the cost of the appellants.

Reference

Full Case Name
James C. Fulton, Louise A. Fulton, Samuel M. Fulton and John F. Fulton v. Joseph S. Miller
Cited By
1 case
Status
Published
Syllabus
Partition—Practice, G. P.—Accounting—Equity. A bill in equity is the proper remedy for the settlement of accounts, and the court will not settle complicated accounts between the parties in partition proceedings, so as to give plaintiffs larger interests than those which they have specified in their pleadings.