Thomas v. Thomas
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY. No. 297 January Term 1889, Sup. Ct.; court below, No 295 June Term 1887, C. P. On May 4,1887, the issue directed as noted in the report of Thomas’s Appeal, ante, 640, wherein Ann Thomas was plaintiff, and Richard Thomas and others, children and heirs at law of William R. Thomas, deceased, were defendants, came on for trial before the court of Common Pleas.
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ERROR TO THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY. No. 297 January Term 1889, Sup. Ct.; court below, No 295 June Term 1887, C. P. On May 4,1887, the issue directed as noted in the report of Thomas’s Appeal, ante, 640, wherein Ann Thomas was plaintiff, and Richard Thomas and others, children and heirs at law of William R. Thomas, deceased, were defendants, came on for trial before the court of Common Pleas. The testimony submitted disclosed the facts which, in so far as they do not appear in the abstract of the commissioner’s report, ante, 640, are indicated in the charge to the jury,…
1Opinion of the Court
Opinton,
Me. Justice Steebett:
After directing who shall be, respectively, plaintiff and defendants in this issue, the order of the Orphans’ Court further *654provides that it shall “be tried in the following manner: The plaintiff, Ann Thomas, shall simply put in evidence the certificate of her marriage, issued by Benjamin Jay, alderman, and then the affirmative of the issue shall be upon the defendants, with the burden of proof to show that Ann Thomas was not the lawful wife of William R. Thomas, the decedent, at the time of his death; the plaintiff affirming that she was the lawful wife of…
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