Lahey v. Heenan
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia : Of January Term 1875, No. 8. This was an action of assumpsit brought January 9th 1873, by Thomas Heenan, administrator, &e., of Dennis Heenan, deceased, against Thomas Lahey.
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Error to the District Court of Philadelphia : Of January Term 1875, No. 8. This was an action of assumpsit brought January 9th 1873, by Thomas Heenan, administrator, &e., of Dennis Heenan, deceased, against Thomas Lahey. The declaration averred a sale by the decedent to the defendant of real estate at the corner of Eleventh and Buttonwood streets, Philadelphia, for $6000, there being on the property a mortgage for $2000, and a ground-rent, the principal of which was $1100; and also a sale of ten shares of the stock of the “ Flanigan Building Association” for $800 ; that $3125, had been paid…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
— This is a confused case, rendering it difficult to say whether error was committed or not. The objection to the competency of Thomas Heenan was general. He was clearly competent under the Acts of March 27th 1865, and April 9th 1870, to testify as to matters occurring after the death of Dennis Heenan. No special objection was made to any of the subjects of his testimony. On the other hand, Lahey, the defendant, was incompetent to testify against the administrators as to matters occurring in the lifetime of Dennis Heenan. He fell, in this respect,…
3Cited by2 opinions
- Keating v. NolanSuperior Court of Pennsylvania · 1912
- Psinakis v. PsinakisSuperior Court of Pennsylvania · 1955