Legal Opinion

Vanlear v. Vanlear

Supreme Court of Pennsylvania

Decided December 15, 1803PublishedCited by 1 opinion

This was a feigned issue to try the validity of a certain writing, purporting to be the last will of Dr. Branson Vanlear. The cause was tried at West Chester on the 30th May, 1801, and a verdict had, finding for the plaintiff, and thereby establishing the will. The defendant’s counsel moved the court to grant a new trial on the following grounds: 1st. That the defendant was sick and unable to attend. 2d.

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This was a feigned issue to try the validity of a certain writing, purporting to be the last will of Dr. Branson Vanlear. The cause was tried at West Chester on the 30th May, 1801, and a verdict had, finding for the plaintiff, and thereby establishing the will. The defendant’s counsel moved the court to grant a new trial on the following grounds: 1st. That the defendant was sick and unable to attend. 2d. The defendant had material testimony to produce, but he was prevented therefrom by indisposition. 3d. The trial was urged on by the plaintiff by surprise. And 4th. The verdict and judgment…

1Opinion of the Court

Per Cur.

We wish not by our remarks to prejudice the plaintiff’s cause. Let there be a new trial; it will give more general satisfaction.

2Cited by1 opinion

  1. Hambleton v. YocumSupreme Court of Pennsylvania · 1885

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