Sommer v. Sommer
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. Bradford, President. Jacob Sommer executed a judgment bond to his father, Leonard Sommer, for 2088 dollars and 38 cents, which was entered of record. The creditors of Jacob Sommer alleged, that this judgment was fraudulent as against them, and at their instance it was-opened so as to let them into a defence.
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ERROR to the district court of Lancaster county. Bradford, President. Jacob Sommer executed a judgment bond to his father, Leonard Sommer, for 2088 dollars and 38 cents, which was entered of record. The creditors of Jacob Sommer alleged, that this judgment was fraudulent as against them, and at their instance it was-opened so as to let them into a defence. Upon the trial of the cause, the creditors offered Jacob Sommer as a witness to establish the fraud: he was objected to, on the ground that he was not competent; but the court overruled the objection; which was the subject of the only error…
1Per curiam
Had the court awarded a collateral issue, formally, to try the question between the obligee and the other creditors, it is clear the obligor would have been a competent witness. For though it might be inferred, from an intimation in Wolf v. Carothers of his being a witness to sustain the bond because his evidence tends to decrease the fund, that his evidence tends to increase the fund where he is called to disprove the debt; yet it will be found that that consequence does not follow, and that either way he has no interest in the event, whether immediate or remote, certain or contingent. By…
2Cases cited1 opinion
- Whiting v. JohnsonSupreme Court of Pennsylvania · 1824
3Cited by2 opinions
- Dickson v. McGraw Bros.Supreme Court of Pennsylvania · 1892
- Renschler v. PizanoSupreme Court of Pennsylvania · 1938