Legal Opinion

Tutton v. Addams

Supreme Court of Pennsylvania

Decided May 6, 1863PublishedCited by 1 opinion

ERROR to the Common Pleas of Schuylkill county. This was an action of account render by Isaac Addams against Alexander P. Tutton, in which judgment quod computet was entered by consent, and William L. Whitney, Esq., appointed auditor to ascertain the amount due, and make report accordingly.

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ERROR to the Common Pleas of Schuylkill county. This was an action of account render by Isaac Addams against Alexander P. Tutton, in which judgment quod computet was entered by consent, and William L. Whitney, Esq., appointed auditor to ascertain the amount due, and make report accordingly. Before the auditor, the defendant was offered as a witness, and his competency being objected to by the plaintiff, the auditor asked instructions from the court, who decided that he was incompetent as a witness in his own behalf. The parties, by articles of agreement dated April 10th 1855, had entered into…

1Opinion of the Court

The opinion of the court was delivered,

by

Woodward, J.

The action was account render. After pleading in bar, the defendant, now plaintiff in error, withdrew his pleas, and confessed judgment quod computet; whereupon the court appointed an auditor to take the account, but refused, on motion, to instruct the auditor to examine the defendant as a witness on his own behalf. This is the first error assigned.

The statute 4 Anne, c. 16, § 27, which is in force in Pennsylvania, gave what the common law has denied, an action of account render against the executors and administrators of guardians,…

2Cases cited3 opinions

  1. Griffith v. WillingSupreme Court of Pennsylvania · 1811
  2. James v. BrowneSupreme Court of the United States · 1788
  3. Butcher v. CoatsSupreme Court of Pennsylvania · 1788

3Cited by1 opinion

  1. Hall v. HainesSuperior Court of Pennsylvania · 1909

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