Scott v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fulton county : Of May Term 1885, No. 6. This was a feigned issue to test the validity of the will of Francis Scott, deceased, wherein Henry W. Scott, named as executor in the alleged will, was plaintiff, and Mary E. Scott, guardian of William H. Scott and Nelly Mary Scott, minor grandchildren and heirs of Francis Scott, deceased, was defendant.
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Error to the Court of Common Pleas of Fulton county : Of May Term 1885, No. 6. This was a feigned issue to test the validity of the will of Francis Scott, deceased, wherein Henry W. Scott, named as executor in the alleged will, was plaintiff, and Mary E. Scott, guardian of William H. Scott and Nelly Mary Scott, minor grandchildren and heirs of Francis Scott, deceased, was defendant. The issue was tried before McClban, P. J., who submitted the case to the jury on Saturday, April 20th, 1884, and instructed them that, in case they agreed upon a verdict when the court was not in session, they…
1Opinion of the CourtJustice Teunkey
“April 21st, 1884, verdict for defendant. At-request of Att’y Smith, jury polled and eleven jurors say they find for the defendant, and one juror says he was in favor of the will.” June 10th, 1884, judgment entered on the verdict. The sole question is, whether the record sets out a valid judgment. None of the facts without the record is at all material, however persuasive such facts may be that the defendant will suffer hardship if the judgment falls. Here, the record must be taken as it has been made and certified; it must so stand, though it differ from the statements by either party.
Nor is…
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