Rouch v. Zehring
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: To May Term 1867, No. 5. This was an action of debt, by Henry Rouch and Elizabeth his wife, against Henry Zehring and Matthew Mitchell, executors, &c., of Jacob Zehring, deceased, commenced September 9th 1863. The plea was “non est factum.”
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Error to the Court of Common Pleas of Dauphin county: To May Term 1867, No. 5. This was an action of debt, by Henry Rouch and Elizabeth his wife, against Henry Zehring and Matthew Mitchell, executors, &c., of Jacob Zehring, deceased, commenced September 9th 1863. The plea was “non est factum.” The cause of action was the following note :— “ $1500. One month after date I promise to pay to the order of Elizabeth Rouch Fifteen Hundred Dollars, without defalcation, for value received; and I do hereby empower the prothonotary or clerk of any court of record, within this Commonwealth or elsewhere,…
1Opinion of the Court
The opinion of the court was delivered, June 1st 1868, by
Sharswood, J.
This was an action of debt on a single bill against the defendants as the executors of the last will and testa*78ment 'of Jacob Zehring, deceased. The only plea was non est factum.
The 1st assignment of error is to the admission in evidence of the will of Jacob Zehring. It was not stated for what purpose the will was offered by the defendants. It showed that they were the executors, which, however, they had already admitted of record by their plea: Hantz v. Sealy, 6 Binn. 410. To say the least, the will at the time it was…
2Cases cited2 opinions
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Hantz v. SealySupreme Court of Pennsylvania · 1814
3Cited by10 opinions
- Commonwealth v. KnightSupreme Court of Pennsylvania · 1976
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- Jackson v. United States Pipe Line Co.Supreme Court of Pennsylvania · 1937
- McMinis v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1926
- Owens AppealSuperior Court of Pennsylvania · 1950
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