Proper v. Campbell
Superior Court of Pennsylvania
Appeal, No. 211, April T., 1900, by plaintiff, in suit of J. F. Proper, now for use of A. M. Droutt, against S. J. Campbell, administrator of John L. Peters, deceased, and Martha L. Peters, from judgment of C. P. Forest County, Aug. T., 1896, No. 18, on verdict for defendants.
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Appeal, No. 211, April T., 1900, by plaintiff, in suit of J. F. Proper, now for use of A. M. Droutt, against S. J. Campbell, administrator of John L. Peters, deceased, and Martha L. Peters, from judgment of C. P. Forest County, Aug. T., 1896, No. 18, on verdict for defendants. Opinion by W. D. Porter, J. Judgment opened and issue to try the question of how much, if anything, is due on said judgment, the note to stand as a statement of plaintiff’s claim, and the defendants to enter a plea. Defendants plea “ payment, payment with leave, and set-off.” Before Lindsey, P. J. It appears from the…
1Opinion of the Court
W. D. Porter, J.,
Opinion by (after finding the facts as set out in the statement of facts) :
*157Here was a living witness, called by the defendants, who was competent to testify and did testify against the plaintiffs with regard to a relevant matter which occurred in her presence prior to the death of John L. Peters, one of the parties to the alleged contract. The effect of this was to render the surviving parties -and other persons whose interests were adverse to the right of the defendants competent to testify to that particular relevant matter. There was no element lacking which was essential…
2Cases cited6 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Krumrine v. GrenobleSupreme Court of Pennsylvania · 1895
- Brumbach ex rel. Swavely v. McLeanSupreme Court of Pennsylvania · 1898
- Cake v. CakeSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Estate of Dembiec v. BoczarSupreme Court of Pennsylvania · 1983
- Rudy v. MytonSuperior Court of Pennsylvania · 1902