Lewars v. Weaver
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF COLUMBIA COUNTY. No. 150 January Term 1887, Sup. Ct.; court below, No. 88 September Term 1888, C. P. On June 18, 1883, a scire facias sur mortgage was issued in favor of James S. Lewars, administrator of Joseph Clewell, deceased, against Jacob Weaver and Abigail Weaver, his wife, with notice to terre-tenants, to recover upon a mortgage executed by the defendants to the said deceased, dated February 13, 1878, upon real estate the property…
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ERROR TO THE COURT OF COMMON PLEAS OF COLUMBIA COUNTY. No. 150 January Term 1887, Sup. Ct.; court below, No. 88 September Term 1888, C. P. On June 18, 1883, a scire facias sur mortgage was issued in favor of James S. Lewars, administrator of Joseph Clewell, deceased, against Jacob Weaver and Abigail Weaver, his wife, with notice to terre-tenants, to recover upon a mortgage executed by the defendants to the said deceased, dated February 13, 1878, upon real estate the property of said Abigail Weaver, to secure the sum of $500, payable February 13, 1879. The mortgagee died in 1882, and letters…
1Opinion of the Court
Opinion,
Mr. Justice Green :
It was error in the learned court below to strike out the testimony of Wm. L. Eyerly. He was examined by the de*285fendants and cross-examined by the plaintiff in relation to the declarations of the deceased, and no objection whatever was made to his testimony on either side. No application was made to strike out his testimony, and the court acted of its own motion entirely in doing so. The plaintiff may have had a very good reason for desiring this testimony to remain in the case, and undoubtedly had a right to have it considered. It was his privilege to have it…
2Cases cited8 opinions
- Foreman v. HoslerSupreme Court of Pennsylvania · 1880
- Ellis v. LaneSupreme Court of Pennsylvania · 1877
- Heeter v. GlasgowSupreme Court of Pennsylvania · 1875
- Oppenheimer v. WrightSupreme Court of Pennsylvania · 1884
- Butterfield v. LathropSupreme Court of Pennsylvania · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meitner v. ScarboroughSupreme Court of Pennsylvania · 1936
- Carpenter v. Yeadon BoroughSupreme Court of Pennsylvania · 1904
- Moyer v. DodsonSupreme Court of Pennsylvania · 1905
- DeShazo v. Heffernan (In re DeShazo)United States Bankruptcy Court, E.D. Pennsylvania · 2006
- Kaufmann v. RowanSupreme Court of Pennsylvania · 1899
4 more not listed; retrieve them via the Exa API.