Emig v. Diehl
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of May Term 1873. This was an action of ejectment, brought April 15th 1868, by George W. Diehl and Sarah his wife, in her right, against William Moul; the premises claimed as set out in the writ were, “ a tract of land situate in Jackson township containing 185 acres of land or thereabouts ; bounded by lands of Michael B. Emig, John Eyster and Valentine Emig.”
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Error to the Court of Common Pleas of York county: Of May Term 1873. This was an action of ejectment, brought April 15th 1868, by George W. Diehl and Sarah his wife, in her right, against William Moul; the premises claimed as set out in the writ were, “ a tract of land situate in Jackson township containing 185 acres of land or thereabouts ; bounded by lands of Michael B. Emig, John Eyster and Valentine Emig.” On the 2d of June, the court admitted John Emig, Jr., Valentine Emig and Eli Emig, executors, &e., of John Emig, deceased, to join in the defence as landlords. Afterwards the…
1Opinion of the CourtJustice Sharswood
Though we have no express decision upon the subject, it seems clear upon principle that the deposition or testimony of a witness formerly taken in the same cause, can be read in evidence on showing that he is sick and unable to attend, insane or in such a state of senility as to have lost his memory of the past, equally as where he is dead or out of the jurisdiction: 1 Greenl. on Ev., § 163, n.; Jack v. Woods, 5 Casey 375. The evidence that Philip Smyser fell within the category of loss of memory and general mental incapacity from old age, was very ample. Nor was it necessary to have him in…
2Cited by11 opinions
- Commonwealth v. GravesSupreme Court of Pennsylvania · 1979
- Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
- Wheatcroft v. Albert Co.Supreme Court of Pennsylvania · 1962
- Hacker v. PriceSuperior Court of Pennsylvania · 1950
- Hacker v. PriceSuperior Court of Pennsylvania · 1949
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