Galbraith v. Zimmerman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1882, No. 282. Ejectment, by William Galbraith against Joshua Zimmerman, to recover a tract of farm land in Montgomery county. Plea, the general issue. The defendant died before trial, and his heirs were substituted on the record.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1882, No. 282. Ejectment, by William Galbraith against Joshua Zimmerman, to recover a tract of farm land in Montgomery county. Plea, the general issue. The defendant died before trial, and his heirs were substituted on the record. On the trial, before Eoss, P. J., the plaintiff’s evidence showed that in 1878 the plaintiff and Joshua Zimmerman made a verbal agreement to exchange certain real estate, Galbraith to convey to Zimmerman eight houses in Philadelphia, and Zimmerman to convey to plaintiff tbe farm in question.…
1Opinion of the CourtJustice Green
May 29th 1882.
We are very clear that there was error in the rejection of O’Connel’s deposition. At the time it was taken he was a competent witness, notwithstanding his interest, and under the well settled rule in such cases,, the testimony then taken could *376be given in evidence at the subsequent trial. The former controversy was practically between the same parties and in relation to the same subject matter. In that proceeding O’Connel’s testimony was taken. The objection to his competency on account of his interest in the suit, could not have prevailed if it had been then made. At the time…
2Cited by12 opinions
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- Wells v. New England Mutual Life InsuranceSupreme Court of Pennsylvania · 1898
- Compton v. HoffmanSupreme Court of Pennsylvania · 1919
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