Dumbach v. Bishop
Supreme Court of Pennsylvania
Appeal, No. 78, 0ct. T. 1897, by defendants, from judgment of O. P. Butler/Co., Sept. T., Í89^x No. 73, on verdict for plaintiff. Ejectment for two lots in Evans City. Before Greer, P. J. Tlie facte appear by the opinion of the Supreme court.
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Appeal, No. 78, 0ct. T. 1897, by defendants, from judgment of O. P. Butler/Co., Sept. T., Í89^x No. 73, on verdict for plaintiff. Ejectment for two lots in Evans City. Before Greer, P. J. Tlie facte appear by the opinion of the Supreme court. At the trial the court admitted under objection and exception the testimony of the plaintiff as to a transaction which William Bishop, a witness for defendants, described as occurring when the witness, the plaintiff and her husband were present. [2] Defendants’ point and the answer thereto among others were as follows: 3. The evidence in this case is not…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,. Two questions only are raised on this record, one that the evidence is not sufficient in character or quality to create a resulting trust, and the other, the competency of the plaintiff as a witness. In regard to the first, the well established rule of long prevalence is, that the testimony in its entirety must be sufficient to satisfy, not only the jury, but the court also, sitting as a chancellor, and if it is deficient as to the latter it must be withdrawn from the jury. This being the undoubted rule in this class of cases, it is only necessary to investigate…
2Cases cited4 opinions
- Cornell v. VanartsdalenSupreme Court of Pennsylvania · 1846
- Stephens v. CotterellSupreme Court of Pennsylvania · 1882
- Robb's AppealSupreme Court of Pennsylvania · 1881
- Johnson v. WatsonSupreme Court of Pennsylvania · 1893
3Cited by14 opinions
- Commonwealth v. ChiappiniSupreme Court of Pennsylvania · 2001
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Commonwealth v. PelusoSuperior Court of Pennsylvania · 1976
- In re Peck's EstateSupreme Court of Vermont · 1913
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