Weaver v. Roth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term, 1884, No. 289. Assumpsit, by Jeremiah Roth, administrator of Henry Weaver, deceased, against Job Weaver, to recover the sum of $500, with interest, paid to the defendant by one Peter Benner, which sum, it was claimed by plaintiff, belonged to the estate of Henry Weaver, deceased.
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Error to the Court of Common Pleas of Lehigh county: Of January Term, 1884, No. 289. Assumpsit, by Jeremiah Roth, administrator of Henry Weaver, deceased, against Job Weaver, to recover the sum of $500, with interest, paid to the defendant by one Peter Benner, which sum, it was claimed by plaintiff, belonged to the estate of Henry Weaver, deceased. On the trial, before Aubrtg-ht, P. J., the following’ facts appeared : Henry Weaver died in 1878 intestate, leaving surviving him three children, Enos Weaver, Elizabeth Heimbach, née Weaver, and the said Job Weaver. Among the assets of his estate…
1Opinion of the CourtJustice Clark
delivered the opinion of the court, April 7. 1884.
Job Weaver, who was offered as a witness on his own behalf, is a party to the record; he is the defendant in the action. Upon the ground of interest, as well as by the policy of the law; as it was prior to the passage of the statute of 15th April, 1869, he was incompetent; and, although embraced in the broad provision of the.enabling clause of that statute, lie was expressly excluded from its operation by the terms of the proviso. The suit was brought against him by an administrator. But he was offered to testify to matters occurring since the…
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- Braunschweiger's EstateSupreme Court of Pennsylvania · 1936
- Martin EstateSupreme Court of Pennsylvania · 1944
- In Re Vasgaard's EstateSouth Dakota Supreme Court · 1934
- Keating v. NolanSuperior Court of Pennsylvania · 1912
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