Ilyus v. Buch
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1906, by defendant, from order of C. P. Lancaster Co., April T., 1893, No. 463, discharging rule to open judgment in case of A. C. Ilyus, Administrator d. b. n. c. t. a. of Ferdinand Utermoehi, deceased, v. Maria Buch. Rule to open judgment. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.
1Dissent
Dissenting Opinion by
Morrison, J. :
I find myself unable to agree with the majority opinion in this case and will, therefore, endeavor to state the reasons moving me to dissent.
In discharging the rule to open the judgment the learned court below seems to have been controlled by the following considerations : (1) The bond was not produced and shown to the witnesses when their testimony was taken and this deprived the plaintiff of the right of calling witnesses and attempting to show that the signature thereto was genuine; (2) that the defendant was incompetent to testify for the reason that the…
2Cases cited4 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- Schomaker v. DeanSupreme Court of Pennsylvania · 1902
- Toomey's EstateSupreme Court of Pennsylvania · 1892