Mullet v. Hensel
Superior Court of Pennsylvania
Appeal, No. 91, April T., 1898, by defendant, from order of C. P. No. 1, Allegheny Co., Sept. T., 1896, No. 261, discharging rule to open judgment. Motion to open judgment and let defendant into a defense. The petition and answer being filed and depositions taken the court below dismissed the rule in the following opinion: “We cannot open this judgment.
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Appeal, No. 91, April T., 1898, by defendant, from order of C. P. No. 1, Allegheny Co., Sept. T., 1896, No. 261, discharging rule to open judgment. Motion to open judgment and let defendant into a defense. The petition and answer being filed and depositions taken the court below dismissed the rule in the following opinion: “We cannot open this judgment. The testimony of the only witness for the defendant does not sustain the allegations of the defendant, and the defendant cannot be a witness in his own behalf. Rule discharged.” Defendant appealed. Error assigned was refusing to open the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant was not a competent witness as to any matters occurring in the lifetime of the decedent, but the plaintiff was. His interest was not adverse to the right of the deceased party to the contract: Smith v. Hay, 152 Pa. 377, 383; Brose’s Estate, 155 Pa. 619. Hence, as to the main contention, the application to open the judgment was supported by the testimony of only one competent witness, Abraham Stouffer. This was inconsistent with the allegation of the petition as to the motive of the decedent in making a gift of the note, or the money represented by it, to…
2Cases cited2 opinions
- Smith v. HaySupreme Court of Pennsylvania · 1893
- Brose's EstateSupreme Court of Pennsylvania · 1893
3Cited by5 opinions
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- Norristown Trust Co. v. LentzSuperior Court of Pennsylvania · 1906
- Dunbar v. LuttonSuperior Court of Pennsylvania · 1919
- Neff v. SeidmanSuperior Court of Pennsylvania · 1923
- Walsh v. AshfordSuperior Court of Pennsylvania · 1899