Bitner v. Boone
Pennsylvania Court of Common Pleas, Lancaster County
No. 64 July Term 1889, Sup. Ct.; court below, No. 29 September Term 1887, C. P. On August 24, 1887, George S. Boone brought assumpsit against John R. Bitner, executor of the last will and testament of James Boone, deceased, to recover compensation for services alleged to have been rendered by the plaintiff to the defendant’s testator in his lifetime, and for expenses alleged to have been incurred in connection with the rendering of said services.
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No. 64 July Term 1889, Sup. Ct.; court below, No. 29 September Term 1887, C. P. On August 24, 1887, George S. Boone brought assumpsit against John R. Bitner, executor of the last will and testament of James Boone, deceased, to recover compensation for services alleged to have been rendered by the plaintiff to the defendant’s testator in his lifetime, and for expenses alleged to have been incurred in connection with the rendering of said services. The defendant’s pleas were non-assumpsit and the statute of limitations. At the trial on November 27,1888, among other witnesses Mrs. Annie Boone,…
1Opinion of the Court
Opinion,
Me. Justice Clash;:
This action was brought by George S. Boone against John R. Bitner, executor of the last will and testament of James Boone, deceased, to recover for personal services rendered to the decedent in his lifetime. At the trial of the cause the plaintiff called his wife, Mrs. Annie Boone, who was permitted to testify to matters occurring in the lifetime of the decedent. Her competency having been objected to, and an exception taken, the defendant’s counsel has assigned this action of the court for error. The cause having been tried since the passage of the act of May 23,…
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