
    Shauffler against Stoever administrator of Stroh.
    
      Friday, May 29.
    In Error.
    A decree of tl>e Register’s Court revoking letters of tion and dito^ssue to ther person, which decree has been apby the administrator, does appeal ingand the Supreme pencihispowi?thePrecovery of debts testatei'1S m"
    ERROR to the Common Pleas of Lebanon county.
    jn the Court below it was an action of debt brought by Stoever as administrator of David Stroh, which was submitt0 arbitrators, who reported in favour of the defendant, The plaintiff appealed, and afterwards the defendant pleaded, , ...... , . , ’ that at the time of bringing the suit, the said administrator of t^le estate °f David Stroh had been dismissed from his trust by the Register’s Court of Lebanon county, and the letters of’ which he had surreptitiously and fraudulent-revoked by the said Court, who had decreed, that new letters of administration should issue to Elizabeth Ludwig and Christian her husband, &c. To this plea the. P^aintl^ replied, that he was administrator, &c.
    The jury found a verdict for the plaintiff for 628 dollars.
    On the trial, the Court charged the jury, that a decree of the Register’s Court, revoking letters of administration and directing them to issue to another person, which decree had been appealed from by the administrator, did not, while the appeal was pending and undetermined in the Supreme Court, suspend his power to proceed in the recovery of the debts due to his intestate.
    
      To this opinion a bill of exceptions was tendered and sealed, and Godwin, for, the plaintiff in error, now contended, that it was erroneous.
    
      Wright, for the defendant in error,
    cited 3 Bac. Ab. SO, Si. (Wilson’s edit.) Executors and Administrators, 13. Blackborough v. Davies.
      
    
    
      
       1 Ld. Raym. 684.
    
   By The Court.

Pending the appeal, the letters of administration granted by the register were in force. Our opinion, therefore, is, that the charge of the Court of Common Pleas was right, and the judgment should be affirmed.

Judgment affirmed.  