Grubbs v. McDonald
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 234. This was a precept from the register of wills of Allegheny county, directing an issue to try the validity of a writing purporting to be the will of John Grubbs, deceased. In said issue John F. McDonald and others, were plaintiffs, and James Grubbs and others, defendants. John Grubbs died May 26th 1876, in the sixty-ninth year of his age.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 234. This was a precept from the register of wills of Allegheny county, directing an issue to try the validity of a writing purporting to be the will of John Grubbs, deceased. In said issue John F. McDonald and others, were plaintiffs, and James Grubbs and others, defendants. John Grubbs died May 26th 1876, in the sixty-ninth year of his age. He left a farm of about ninety acres, and a widow and five sons, Andrew, Lewis, James, A. Reed and Frank A. Grubbs, and one daughter, Martha,…
1Opinion of the CourtJustice Gordon
It is always better for the court to put a case to the jury on the evidence generally, rather than upon the testimony of one or more witnesses selected from the whole number sworn during trial. Such selection tends to make the case turn upon the credibility of the witnesses named, and upon a partial view of the evidence, both of which tend to weaken or exclude other testimony and circumstances of the case which should be considered.
Complaint is made that the court below, in the trial of the case in hand, fell into this error. The court, adopting the proponents’ eighth point say : “ The…
2Cases cited1 opinion
- Landis v. LandisSupreme Court of Pennsylvania · 1855
3Cited by19 opinions
- Novicki v. O'MaraSupreme Court of Pennsylvania · 1924
- Olshefski's EstateSupreme Court of Pennsylvania · 1939
- Hamilton v. FaySupreme Court of Pennsylvania · 1925
- King WillSupreme Court of Pennsylvania · 1952
- Ross WillSupreme Court of Pennsylvania · 1946
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