Parks v. Dunkle
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. Hannah Parks against George Dunkle. This was a feigned issue directed by the Orphans’ Court of Berks county, to ascertain whether the plaintiff was entitled to an inquest on the real estate of her late husband, Jacob Rothermel, deceased.
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ERROR to the Common Pleas of Berks county. Hannah Parks against George Dunkle. This was a feigned issue directed by the Orphans’ Court of Berks county, to ascertain whether the plaintiff was entitled to an inquest on the real estate of her late husband, Jacob Rothermel, deceased. Jacob Rothermel died about the 1st of February 1801, intestate, leaving a widow, the above-named Hannah, and issue one child, named Mary, now the wife of the above-named George Dunkle, seised of a certain plantation and ti’act of land, situate in Richmond township, Berks county, containing. about 200J- acres, more or…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The material points to be considered by us in this case arise upon bills of exception to evidence.
The first and fourth exceptions are to the admission of the deposition of John Wauner, instead of requiring his attendance in person. In a doubtful case, like that before us, where the ground laid is the sickness of the witness, and where it is testified that in the opinion of a person who had the means of knowing his situation, he could not come to court without endangering his life, it would be, in our opinion, more safe and prudent to leave…
2Cited by7 opinions
- Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
- Porter v. Wilson & KellySupreme Court of Pennsylvania · 1850
- Commonwealth v. SteadmanSuperior Court of Pennsylvania · 1944
- Anders v. Central RailroadSuperior Court of Pennsylvania · 1902
- Barr v. Glass, Pennsylvania Court of Common Pleas, Lancaster County1922
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