Robinson v. Buck
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 169, to July Term 1871. This was an amicable action of ejectment, in which Frederick J. Buck “ on behalf of himself and Fanny S. Buck and Lizzie T. .Buck, minors, as their next friend,” was plaintiff, and John Robinson and William Woódside, “executors and trustees under the last will and testament of Ann Buck, deceased, Mary Shields Dalton and Ellis P. Dalton her husband were defendants.”
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Error to the District Court of Philadelphia: No. 169, to July Term 1871. This was an amicable action of ejectment, in which Frederick J. Buck “ on behalf of himself and Fanny S. Buck and Lizzie T. .Buck, minors, as their next friend,” was plaintiff, and John Robinson and William Woódside, “executors and trustees under the last will and testament of Ann Buck, deceased, Mary Shields Dalton and Ellis P. Dalton her husband were defendants.” The case was tried May 16th 1871, before Hare, P. J. The plaintiffs gave evidence that the premises in dispute had belonged to James Buck; and that on the…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It is not necessary to consider whether the plaintiff below was a competent witness to prove that to which he testified, and that for two sufficient reasons: First, that when he 'was offered as a witness and objected to — both at first and when the objection was repeated — the objection was a general one to his competency, and it is not disputed that he would have been a competent witness for some purpose. If the testimony which he gave after his admission was such as he was incompetent to give, it should have been then specially objected…
2Cited by5 opinions
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