Commonwealth v. Strohecker
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. The Commonwealth, for the use of Miche Fisher and Sarah his wife and others, heirs at law of John Garber, deceased, against John Y. Cunius, administrator of John Strohecker.
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ERROR to the common pleas of Berks county. The Commonwealth, for the use of Miche Fisher and Sarah his wife and others, heirs at law of John Garber, deceased, against John Y. Cunius, administrator of John Strohecker. This-was a scire facias brought by the plaintiffs on a judgment obtained on the administration bond in the estate of John Garber, deceased, given by David Garber and John Garber, as administrators, and John Strohecker and John Birkenbine, as sureties, in the sum of 10,000 pounds. It appeared in evidence that David Garber and John Garber had been dismissed from the administration…
1Opinion of the Court
*480The opinion of the court was delivered by
Kennedy, J.
The error complained of is, that the court below rejected the evidence of the plaintiffs, offered by them, as they alleged, for the purpose of sustaining their claim. If, however, the evidence did not tend to support the claim made by the plaintiffs, it would have been worse than useless to have admitted it. For, beside creating additional expense to the county, by occupying the time of the court and jury, it might have delayed, if not excluded, for the term, the business of other suitors in waiting, and would, therefore, have been an…
2Cases cited1 opinion
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
3Cited by7 opinions
- Gilliland v. BredinSupreme Court of Pennsylvania · 1870
- Bowman's AppealSupreme Court of Pennsylvania · 1869
- Garman's EstateSupreme Court of Pennsylvania · 1905
- Carter v. TruemanSupreme Court of Pennsylvania · 1847
- Blizzard v. FillerOhio Supreme Court · 1851
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