Clever v. Hilberry
Supreme Court of Pennsylvania
No. 207 January Term 1887, Sup. Ct. The action below was debt by Sarah Hilberry against Henry H. Clever, upon a bond for $1,250, dated October 6, 1881. In August, 1881, Sarah Hilberry, the plaintiff, who was an old lady, went to the house of H. H. Clever, the defendant, who was her nephew.
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No. 207 January Term 1887, Sup. Ct. The action below was debt by Sarah Hilberry against Henry H. Clever, upon a bond for $1,250, dated October 6, 1881. In August, 1881, Sarah Hilberry, the plaintiff, who was an old lady, went to the house of H. H. Clever, the defendant, who was her nephew. She remained there apparently as a guest until October 6, 1881, when an arrangement was entered into in pursuance of which she conveyed to Mr. Clever all her real estate, consisting of a house and three lots of ground aggregating thirteen acres and six perches, and transferred to him also her personal…
1Opinion of the Court
*438Opinion,
Mr. Justice Green:
We are clearly of opinion that the fourth assignment of error is sustained. The plaintiff was permitted to give in evidence her own declarations made to third persons in the absence of the defendant, in her own favor, and not under oath. Those declarations are as to the very substance of her cause of action. They are mere repetitions to others of the alleged breaches of contract by the defendant. But she was a competent witness in her own behalf, and was examined as such, and testified before, the jury, under the sanction of an oath, and subject to the…
2Cases cited1 opinion
- Craig v. CraigSupreme Court of Pennsylvania · 1835
3Cited by18 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Commonwealth v. WillisSupreme Court of Pennsylvania · 1988
- Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Commonwealth v. TrignaniSuperior Court of Pennsylvania · 1958
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