Swearingen v. Pendleton
Supreme Court of Pennsylvania
Error to the Common PleaS of Washington County. This was Rn action of Covenant in which Philip C. Pendleton and others, executors of Philip Pendleton, were plaintiffs, and Elizabeth Swearingen, executrix of Jlnclrao Swearingen, who Was the surviving1 executor of Van Swearingen, was defendant. There was a former suit between these same parties previously to 1807. In 1814 it was tried, and a verdict and judgment Rendered for the plaintiff; — in 1818 this judgment was reversed.
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Error to the Common PleaS of Washington County. This was Rn action of Covenant in which Philip C. Pendleton and others, executors of Philip Pendleton, were plaintiffs, and Elizabeth Swearingen, executrix of Jlnclrao Swearingen, who Was the surviving1 executor of Van Swearingen, was defendant. There was a former suit between these same parties previously to 1807. In 1814 it was tried, and a verdict and judgment Rendered for the plaintiff; — in 1818 this judgment was reversed. In this süit á commission issued to Virginia to take the testimony of Witnesses, which was returned and filed in 1807.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The error in this case depends Upon the solution of the question, whether the court was right in admitting the depositions of James Wilson and Mraham Shepherd, Esquires, takers by virtue of a commission on interrogatories, filed the third day of July, 1807. During the argument, many points have been made and pressed upon the court for their consideration. It has been strenuously urged, that the depositions, having been on file for many years, if there existed any objection to them, the defendant’s counsel should have moved to suppress them, or…
2Cases cited3 opinions
- Hook v. HackneySupreme Court of Pennsylvania · 1827
- Carpenter v. GroffSupreme Court of Pennsylvania · 1819
- Summers v. M'KimSupreme Court of Pennsylvania · 1825