Evans's v. Reed
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 164. This action as originally brought was account Bender by Jacob Evans against George K. Reed. Julius Levy ivas also named as a defendant, but his name was subsequently stricken from the record on plaintiff’s motion. Jacob Evans, the plaintiff, was examined on the trial as a witness in his own behalf. A verdict was rendered for plaintiff.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 164. This action as originally brought was account Bender by Jacob Evans against George K. Reed. Julius Levy ivas also named as a defendant, but his name was subsequently stricken from the record on plaintiff’s motion. Jacob Evans, the plaintiff, was examined on the trial as a witness in his own behalf. A verdict was rendered for plaintiff. The case, as developed on the trial, satisfied the judge before whom it ivas tried that the action should have been “ assumpsif,” and not, as originally brought, “ account…
1Opinion of the CourtJustice Mercur
This record presents a single question. That is, whether the defendant was competent to testify to matters which transpired during the life of the original plaintiff. That he was incompetent is clearly ruled by Pratt v. Patterson, 31 P. F. Smith 114. That case is very similar to the present one. There, in a former suit, in the lifetime of both parties, each party had testified, and the testimony had been reduced to writing. The verdict was set aside and the suit discontinued. A second suit between the same parties was brought for the same subject-matter. Before the trial the defendant died,…
2Cited by2 opinions
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