Dellone v. Rehmer
Supreme Court of Pennsylvania
ERROR to the district court of York county. This was an action of debt on book account by Michael Dellone against Frederick Rehmer’s administrator. On the trial of this case Mary Rehmer was produced by the defendants as a witness; on her voir dire she said, “ I have nothing to get out of this suit, which ever way it may go.”
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ERROR to the district court of York county. This was an action of debt on book account by Michael Dellone against Frederick Rehmer’s administrator. On the trial of this case Mary Rehmer was produced by the defendants as a witness; on her voir dire she said, “ I have nothing to get out of this suit, which ever way it may go.” What did your mother give you for this release 1 “I can’t tell: I suppose about 500 dollars: I would have been willing to take that amount at my father’s death: I have received nothing as yet: I am not affected by this claim: I am to get as much one way as another: I have…
1Per curiam
—Where a party has so divested himself of interest that he cannot resume his title by compulsion of law, he is competent. It is the existence in him of a title exclusively subject to his own control, that disqualifies him. Where it in fact does not exist, he may testify though he believe himself interested ; such belief, like an expectation of benefit depending on the honour of him who has been put in possession of the title, furnishing an objection to his credibility, and not to his competency. The converse of the principle precludes one, who erroneously thinks himself disinterested, from…
2Cited by1 opinion
- Plumb v. WhitingMassachusetts Supreme Judicial Court · 1808