Orphans' Court v. Woodburn
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. The Orphans’ Court of Cumberland county for the use of th? Commonwealth against Samuel Woodburn. Action of debt on bond for $35,000, brought 30th March 183» to April, term 1838. Plea, payment with leave, &c.
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ERROR to the Common Pleas of Cumberland county. The Orphans’ Court of Cumberland county for the use of th? Commonwealth against Samuel Woodburn. Action of debt on bond for $35,000, brought 30th March 183» to April, term 1838. Plea, payment with leave, &c. John Harper was administrator of William Ramsey deceased, and on 3d August 1833 petitioned the Orphans’ Court for authority to sell lands to the amount of $35,000. The court made a decree accordingly, and this bond was executed conditioned for the faithful appropriation of the proceeds of sale. It was signed by Harper, Woodburn, Penrose and…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
James H. Devor and Charles Barnitz, witnesses for plaintiff, were excluded by the court on the ground that they had such an interest in the suit as to subject them to costs in the event of a judgment for the defendant. This decision is made on the authority of Gallagher v. Milligan, (3 P. R. 178). In that case it is ruled that where a person is entitled to a part of the money sued for at the commencement of the suit, he has such an interest in the recovery, although his name does not appear on the record, as to render him liable to costs;…
2Cases cited1 opinion
- Porter v. CressonSupreme Court of Pennsylvania · 1823
3Cited by4 opinions
- Weyand's AppealSupreme Court of Pennsylvania · 1869
- Struthers v. Kendall & SonSupreme Court of Pennsylvania · 1862
- Taylor v. GittSupreme Court of Pennsylvania · 1849
- Gambers ex rel. Parry v. Robinson, Pennsylvania Court of Common Pleas, Dauphin County1854