Legal Opinion

Calhoun v. Hays

Supreme Court of Pennsylvania

Decided September 15, 1844PublishedCited by 21 opinions

ERROR to the District Court of Allegheny county. This was an action of ejectment by John K. Calhoun and Mary his wife against Robert Hays, David Hays, and William Lynch, for the undivided eighth part of a tract of land, in which both parties claimed title under Robert Hays, their common ancestor.

Read the full summary

ERROR to the District Court of Allegheny county. This was an action of ejectment by John K. Calhoun and Mary his wife against Robert Hays, David Hays, and William Lynch, for the undivided eighth part of a tract of land, in which both parties claimed title under Robert Hays, their common ancestor. In answer to the claim of the plaintiffs, the defendants alleged that by a family arrangement made between all the heirs of Robert Hays, deceased, in 1826, for the purpose of dividing their property and making a final settlement, the plaintiffs agreed to accept their share in money: that they…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first error assigned is an exception to the court’s admitting the deposition of William Hays to be read in evidence. 1. Because his deposition was not regularly taken.' 2. *129Because he was interested in the result of the trial of the cause, and therefore not a competent witness. 3. Because the matters testified to by him were not admissible. The objection to the mode of taking the deposition is without even the shadow or colour of ground to support it. It was duly taken under a commission awarded for that purpose by the special order of…

2Cases cited1 opinion

  1. Ebert v. WoodSupreme Court of Pennsylvania · 1807

3Cited by21 opinions

  1. Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
  2. Foote v. FooteMichigan Supreme Court · 1886
  3. Walkley v. ClarkeSupreme Court of Iowa · 1899
  4. Cox v. RogersSupreme Court of Pennsylvania · 1874
  5. Converse v. MeyerNebraska Supreme Court · 1883

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API