Farmers' Bank v. Strohecker
Supreme Court of Pennsylvania
ERROR to the common :pleas of Series county. The Farmers’ Bank of Reading against Leah Strohecker. This was an issue under the act of the 16th of April 1827, to try the right of the Farmers’ -Bank of Reading to -the money in court, which arose-out of the sale of the real estate of John Garber, deceased, viz: The plaintiffs, to maintain the said issue on their part, gave in evidence a petition dated the 14th of April 1819, of David Garber, the oldest son and heir at law of…
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ERROR to the common :pleas of Series county. The Farmers’ Bank of Reading against Leah Strohecker. This was an issue under the act of the 16th of April 1827, to try the right of the Farmers’ -Bank of Reading to -the money in court, which arose-out of the sale of the real estate of John Garber, deceased, viz: The plaintiffs, to maintain the said issue on their part, gave in evidence a petition dated the 14th of April 1819, of David Garber, the oldest son and heir at law of the said John Garber, deceased, to the orphans’ court of Berks county, praying the said court to award an inquest to value…
1Opinion of the Court
The opinion>0Fthe courtwas;delivere.d by
Houston, J;
This case has,, been, twice before,- this court, see 6 Watts. 96, and 8 Watts 188. At-the-first trial-most.of; the. facts now in. evidence, were, given, but: all the. points, made-now .were not then, raised.;: at the second: trial, the whole ease- was not gone into. The:- statement in the first.' report; will show that this, court did.not decide all the. points, which arose, in, the second-and-, in-this trial. It very often occurs that on a second, trial, .evidence - is addm ced not known of, or not produced-at .the first. The facts will then…
2Cases cited1 opinion
- Strohecker v. Farmers' BankSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Strohecker v. Farmers' BankSupreme Court of Pennsylvania · 1847