Cowden v. Reynolds
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Philadelphia county, in a feigned issue, directed by the Register’s Court of the county of Philadelphia, to try the validity of a writing purporting to be the last will and testament of John Hooker Reynolds, deceased. John Cowden and others, the executors named in the alleged will, were plaintiffs below, and Sarah Reynolds, the widow of the deceased, defendant.
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IN ERROR. Writ of error to the Court of Common Pleas of Philadelphia county, in a feigned issue, directed by the Register’s Court of the county of Philadelphia, to try the validity of a writing purporting to be the last will and testament of John Hooker Reynolds, deceased. John Cowden and others, the executors named in the alleged will, were plaintiffs below, and Sarah Reynolds, the widow of the deceased, defendant. On the trial, the plaintiffs offered to give in evidence the paper in controversy, without other proof than the probate made by two subscribing witnesses in the register’s office.…
1Opinion of the Court
The opinion of the court was delivered by
TilchmaN, C. J.
The argument, which has been urged against admitting the probate in evidence, is, that the party who calls a witness, shall not be permitted to discredit him, on finding that his testimony is against him. To a certain extent, this is true,™ but the rule admits of exceptions. The party who calls a witness, shall not be permitted to impeach his general character, because that must be supposed to have been known before he was called; and it is very unfair to call a man of bad character, with a view to avail yourself of his evidence, if it…
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