Morris v. Galbraith
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. Walter Franklin, Esq. president of the orphans’ court, &c., for the use of Samuel Morris and Sarah, his wife, against James Galbraith, recognisor, with notice to Andrew Hershey, John Christ and others, terre-tenants. l)ebt on recognizance in the orphans’ court.
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ERROR to the district court of Lancaster county. Walter Franklin, Esq. president of the orphans’ court, &c., for the use of Samuel Morris and Sarah, his wife, against James Galbraith, recognisor, with notice to Andrew Hershey, John Christ and others, terre-tenants. l)ebt on recognizance in the orphans’ court. The facts of this case are very fully reported in the case of Galbraith against Galbraith, 6 Watts 112, which was also an action of debt, brought upon the proceeding and recognizance in the orphans’ court for another of the heirs of Bartram Galbraith, deceased.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The principles laid down in the case of Galbraith v. Galbraith, 6 Watts 112, and upon which it was decided, rule this case, and so it would appear the court below thought, when it came to answer the points submitted by the counsel of the defendants, and charge the jury thereon. Whether the court entertained the same opinion at the commencement and during the progress of the trial, may be questionable; otherwise it ought not to have admitted the evidence which was given on the part of the plaintiffs, with a view to change the legal effect of…
2Cases cited2 opinions
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
3Cited by6 opinions
- Holly v. TravisSupreme Court of Pennsylvania · 1920
- Johnson v. JonesNebraska Supreme Court · 1873
- Clark v. M'CommanSupreme Court of Pennsylvania · 1844
- Coleman v. ColemanSupreme Court of Pennsylvania · 1852
- Kostenbader v. KueblerSupreme Court of Pennsylvania · 1901
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