Smith v. Sillyman
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia. John K. Smith brought an action of debt in that Court for the use of Richard S. Field, to March term, 1832, against Samuel Sillyman, John Sillyman, and William F. Dean, upon a bond executed by the defendants to the plaintiffs, dated the 8th day of May, A. D. 1830, in the penal sum of $2000, with condition for the payment of $1000 on the 8th of November, then following, without interest. ■ The sheriff…
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Error to the District Court for the City and County of Philadelphia. John K. Smith brought an action of debt in that Court for the use of Richard S. Field, to March term, 1832, against Samuel Sillyman, John Sillyman, and William F. Dean, upon a bond executed by the defendants to the plaintiffs, dated the 8th day of May, A. D. 1830, in the penal sum of $2000, with condition for the payment of $1000 on the 8th of November, then following, without interest. ■ The sheriff returned “ summoned” as to Samuel Sillyman, “nil habentf’ as to John Sillyman and Wm. F. Dean. Samuel Sillyman pleaded payment…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action on a bond, for the use of Richard S. Field, against Samuel Sillyman, John Sillyman and William F. Dean. The sheriff returns, “summoned,” as to Samuel Sillyman — 11 nil habent,” as to John Sillyman and William F. Dean. This raises the question on the exception to the admission of William F. Dean, one of the obligors, as a witness. Without the deposit of the money with the prothonotary, upon the stipulation, to be returned, in case of judgment being rendered for the defendant, the witness would clearly be incompetent. By the…
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