Gebhart v. Shindle
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Lebanon county. This was an action of trover, brought by the defendants in error, the plaintiffs below, Peter Shindle and Adam Ritsher, executors of George- Gebhart, deceased, against George Gebhart, to recover four bonds of fifty dollars each, payable by John Steckbeck to their testator, and by him assigned to the plaintiff in error, his nephew.
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IN ERROR. Error to the Court of Common Pleas of Lebanon county. This was an action of trover, brought by the defendants in error, the plaintiffs below, Peter Shindle and Adam Ritsher, executors of George- Gebhart, deceased, against George Gebhart, to recover four bonds of fifty dollars each, payable by John Steckbeck to their testator, and by him assigned to the plaintiff in error, his nephew. The point upon which the case turned was the validity of that assignment,—the éxecutors alleging that the testator was not of sound mind, memory, and understanding when the assignment was made. The…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The plaintiff in error has abandoned all the objections to this judgment, except the first, second, and third. The first is to the admission of John Steclcbeck, as a wtiness, on. the ground of ineompetency; he having been found an habitual drunkard, in pursuance of the laws of this Commonwealth. It is contended, that the inquisition and proceedings incapacitate him ipso facto, from being received as a witness; that the proceeding is equivalent to a commission of lunacy. This i's not so, his estate is taken out of his management, and…
2Cases cited1 opinion
- Patton's administrators v. AshSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- White v. StateMississippi Supreme Court · 1876
- Butler v. StateMississippi Supreme Court · 1953
- Baxter v. GrahamSupreme Court of Pennsylvania · 1836
- Davis v. RogersSuperior Court of Delaware · 1855