McClelland's v. West's Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 37, to October and November Term 1871. This was an action of assumpsit brought May 26th 1870, by Samuel Cooper, administrator of Jonathan R. West, deceased, “ for the 'use of Jacob D. West and George L. West, now for the use of Jacob D. West and Daniel E. Cooper” against the executor, &c., of Joseph McClelland, deceased.
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Error to the Court of Common Pleas of Fayette county: No. 37, to October and November Term 1871. This was an action of assumpsit brought May 26th 1870, by Samuel Cooper, administrator of Jonathan R. West, deceased, “ for the 'use of Jacob D. West and George L. West, now for the use of Jacob D. West and Daniel E. Cooper” against the executor, &c., of Joseph McClelland, deceased. The case was tried December 6th 1870, before Gilmore, P. J. The claim was on a book account commencing September 1837, and ending in 1849. The plaintiff offered as a witness Enos West, a son of Jonathan R. West, the…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Agnbw, J.
The objection to the competency of Enos West as a witness cannot be sustained. He was not a party to the record and had no interest in the subject of the controversy, nor was he a party to the contract or account out of which the debt in suit arose, and no assignment from him was necessary to enable the' plaintiffs to maintain their action. Whatever interest he had was a resulting interest in the final settlement of the estate of Jonathan R. West. But as the action was brought, he had no interest in that particular claim, for…
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- Bates v. Carter Construction Co.Supreme Court of Pennsylvania · 1916
- Keating v. NolanSuperior Court of Pennsylvania · 1912
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