Legal Opinion

Walls v. Walls

Supreme Court of Pennsylvania

Decided July 15, 1897No. Appeal, No. 87PublishedCited by 6 opinions

Appeal, No. 87, Jan. T., 1897, by defendant, from judgment of C. P. Union Co., Sept. T., 1898, No. 67, on verdict for plaintiff. Assumpsit on promissory notes. Before McCltjee, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court. At tbe trial Joseph C. Bucher was called on behalf of plaintiff. Mr. Linn, of counsel for defendant: We object to his being sworn, as be is not competent in this case.

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Appeal, No. 87, Jan. T., 1897, by defendant, from judgment of C. P. Union Co., Sept. T., 1898, No. 67, on verdict for plaintiff. Assumpsit on promissory notes. Before McCltjee, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court. At tbe trial Joseph C. Bucher was called on behalf of plaintiff. Mr. Linn, of counsel for defendant: We object to his being sworn, as be is not competent in this case. His wife is a daughter of Judge Walls, and if this note is recovered it goes to Judge Walls’s estate, and wherever tbe wife could not be a witness tbe husband cannot. Mr. Leiser, of counsel for…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The jury having found that the two notes in suit were never paid in point of fact, and the evidence being entirely sufficient to warrant such a verdict, there are but two serious questions on the record arising for our consideration. They are first, the competency of Judge Bucher as a witness. And second, the time at which the will of John Walls speaks, and the effect of the codicil. As to the competency of the witness it is to be observed, it is not a question arising under the statutes relating to the competency of witnesses, but as to the effect of the release…

2Cited by6 opinions

  1. Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
  2. Crosetti's EstateSupreme Court of Pennsylvania · 1905
  3. Morgan v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1906
  4. Comerer v. Patrons' Mutual Fire Insurance Co. of Southern PennsylvaniaSuperior Court of Pennsylvania · 1913
  5. Estate of Hallie Linn SwaneySuperior Court of Pennsylvania · 1928

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