Burton's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 19. In Equity. Appeal of El wood Burton from a decree of the court in a certain proceeding in equity.
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Appeal from the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 19. In Equity. Appeal of El wood Burton from a decree of the court in a certain proceeding in equity. The bill was filed by appellant against Richard Peterson and Emma L. Peterson, executors of Pearson S. Peterson, deceased, and the Girard Life Insurance, Annuity and Trust Company and the Lehigh Yalley Railroad Company, praying for a re-transfer of one hundred shares of stock of the Lehigh Yalley Railroad Company, which had stood in the name of the complainant, but had been transferred into tbe…
1Opinion of the Court
The judgment of the Supreme Court was entered March 8th 1880,
2Per curiam
The learned master has found the facts from the evidence before him, and he was the best judge of the credibility of the witnesses. The court below have confirmed the report of the master. The whole question was-upon the credit to be given to the witnesses in the correction they made of the testimony which they gave at first. We have no doubt that the court below,- in the exercise of a sound discretion, could open the evidence and allow witnesses to correct what they alleged to be mistakes. Looking at the probabilities of the case,…
3Cited by8 opinions
- Jones v. CostlowSupreme Court of Pennsylvania · 1944
- Thompson v. SelcerSupreme Court of Georgia · 1914
- Krieg v. Palmer National BankIndiana Court of Appeals · 1916
- Messinger's AppealSupreme Court of Pennsylvania · 1885
- Souder v. Columbia National BankSupreme Court of Pennsylvania · 1893
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