Simpson's v. Bovard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 156, to October and November Term 1873. To March Term 1867, of the court below, judgment was entered by the prothonotary in the Court of" Common Pleas in favor of James Simpson against Hugh Campbell and George Bovard for $1342 on a note with warrant of attorney.
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Error to the Court of Common Pleas of Armstrong county: No. 156, to October and November Term 1873. To March Term 1867, of the court below, judgment was entered by the prothonotary in the Court of" Common Pleas in favor of James Simpson against Hugh Campbell and George Bovard for $1342 on a note with warrant of attorney. In June 1869, on the affidavit of George Bovard, a rule was granted to show cause why-the judgment should not be opened and the defendant let into a defence. The affidavit set forth that Campbell in the spring of 1866 exhibited to deponent a judgment-note to w7hich there were…
1Opinion of the Court
The opinion of the court was delivered, January 26th 1874, by
Mercur, J. —
The first assignment raises the question of the competency of Campbell to testify in behalf of his co-defendant in the judgment. The plaintiff being an executor, and the evidence relating to what transpired during the life of his testator, it is contended that the Act of 15th April 1869 is inapplicable. Prior to this act, the general rule in Pennsylvania undoubtedly was, that a party to the record was incompetent to testify. Generally, a principal debtor is not a competent witness for a surety in an action against the…
2Cases cited1 opinion
- Haskins v. LombardSupreme Judicial Court of Maine · 1839
3Cited by12 opinions
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Lincoln Deposit & Trust Co. v. SankerSupreme Court of Pennsylvania · 1931
- Howie v. LewisSuperior Court of Pennsylvania · 1900
- Citizens National Bk. Greencastle v. SpeckSuperior Court of Pennsylvania · 1932
- Commonwealth v. Gutelius (No. 1)Supreme Court of Pennsylvania · 1926
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