Diehl v. Rodgers
Supreme Court of Pennsylvania
Appeal, No. 234, Oct. T., 1894, by-defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 792, on verdict for plaintiffs. Feigned issue to try the validity of the will of Robert C. Elliott. Before Magee, J. At the trial it appeared that the will was as follows: “ My last will and testimony, being of sound mind. All my house and everything I own to Mrs. Diehl, but $5000 cash to Mrs. Cluley.”
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Appeal, No. 234, Oct. T., 1894, by-defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 792, on verdict for plaintiffs. Feigned issue to try the validity of the will of Robert C. Elliott. Before Magee, J. At the trial it appeared that the will was as follows: “ My last will and testimony, being of sound mind. All my house and everything I own to Mrs. Diehl, but $5000 cash to Mrs. Cluley.” It appeared from the evidence that decedent died at his residence, June 23, 1893, On June 21st he was taken ill with hemorrhage of the stomach. On the 22d his condition was critical,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The main question is the competency of the witness Lindsay who had been convicted of perjury, but pardoned by the governor prior to the events to whicli he testified.
The general rule is that a pardon does away with the future consequences of the criminal act, as completely as if it had never been committed. It is said in a case which will be noticed more fully hereafter (1 Parker’s [N. Y.] Crim. Rep. 241) that the doctrine of restoration of competency is modern, and that the authority of Coke is against it, but that later Holt and others established it. Passing…
2Cases cited3 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Perkins v. StevensMassachusetts Supreme Judicial Court · 1834
3Cited by34 opinions
- Commonwealth Ex Rel. Banks v. CainSupreme Court of Pennsylvania · 1942
- Hunter v. Port Authority of Allegheny CountySuperior Court of Pennsylvania · 1980
- Commonwealth v. SutleySupreme Court of Pennsylvania · 1977
- Commonwealth v. QuarantaSupreme Court of Pennsylvania · 1928
- Anderson v. AlexanderOregon Supreme Court · 1951
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