Nussear v. Arnold
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Adams county. The plaintiff in error Michael li. Nussear was plaintiff below, and the defendant in error George Arnold, was defendant below; where a verdict and judgment were rendered in favour of the defendant. It wits a trial on a feigned issue, directed by the Registers’ Court, to try the validity of a writing purporting to be the testament and last will of John Arnold, deceased.
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IN ERROR. Error to the Court of Common Pleas of Adams county. The plaintiff in error Michael li. Nussear was plaintiff below, and the defendant in error George Arnold, was defendant below; where a verdict and judgment were rendered in favour of the defendant. It wits a trial on a feigned issue, directed by the Registers’ Court, to try the validity of a writing purporting to be the testament and last will of John Arnold, deceased. Three bills of exceptions were taken to the opinion of the court below on points of evidence. The first exception was to the admission, in evidence, of certain…
1Opinion of the Court
The opinion of the court was delivered by
Tilgiiman, C. J.
Several objections were made to this evidence. 1st. That the commissioners had not certified the taking of the depositions under their seal. This is not a good objection. The usual mode is for the commissioners to affix their seals on the envelop. From the evidence of the prothonotary wc must suppose that this was done in the present instance. The 2d objection was, that it did not appear, at what place the depositions were taken. To this it was answered, that the county where each deposition was taken, was entered in the margin. I think…
2Cases cited3 opinions
- Bovard v. WallaceSupreme Court of Pennsylvania · 1818
- Miller v. MillerSupreme Court of Pennsylvania · 1817
- Dietrick v. DietrickSupreme Court of Pennsylvania · 1819
3Cited by5 opinions
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- McMillan v. McDillIllinois Supreme Court · 1884
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Hauberger v. RootSupreme Court of Pennsylvania · 1843
- Dietrich v. DietrichSupreme Court of Pennsylvania · 1830