Opinion
April 12, 1933.
April 13, 1933.
Appeals — Supreme Court — Judgment — Construction of — Superior Court — Certification of case to Supreme Court.
Where the Supreme Court reverses the decree of a court below and orders it to enter a certain decree, the Superior Court will not pass upon the construction to be given the judgment of the Supreme Court but will certify the case to the latter court for decision.
Appeal No. 149, April T., 1933, by The Lamberton National Bank of Franklin, Pa., executor of the Estate of John K. Crawford, deceased, from order and decree of O.C., Venango County, January T., 1927, No. 48, in the case of In re: Estate of John K. Crawford, deceased. In the matter of the application of Q.D. Hastings, for interest on attorney's fee awarded in said estate.
Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD and JAMES, JJ. Appeal certified to Supreme Court.
Petition for allowance of interest on attorney's fee. Before McCRACKEN, P.J.
The facts are stated in the opinion of the Superior Court and in 307 Pa. 102.
The court awarded interest in the sum of $1,761.66 and interest on said sum from December 21, 1931. Lamberton National Bank of Franklin, Pa., executor of the Estate of John K. Crawford, deceased, appealed.
Error assigned, among others, was the decree of the court.
Robert M. Dale, and with him. G.G. Martin, for appellants.
Forest G. Moorhead, and with him M.P. Breene and George A. Baldwin, for appellees.
Argued April 12, 1933.
The only question involved in this appeal is with reference to the construction to be given the judgment of the Supreme Court in Crawford's Appeal, 307 Pa. 102, which reversed the decree of the orphans' court of Venango County and ordered that court to enter a decree awarding the appellant therein, Quincy D. Hastings, "full counsel fee of $10,000," to wit, whether this carried with it interest on said sum, and if so from what date interest should be computed.
Adopting the suggestion of the Supreme Court in Ladner v. Siegel, 296 Pa. 579, 587, where a judgment or decree of that court was also the subject of consideration, we shall not attempt to pass upon the question raised, but will certify the case to the Supreme Court for decision.
Appeal certified to the Supreme Court.