Barnet v. School Directors
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Jefferson county, in which an action of assumpsit was brought by Thomas M’Kee and others, school directors of Young township, against David Barnet, to recover the amount of certain taxes received by him as collector of the school-tax for said township. The plaintiffs called a witness, who stated that he resided in Young township, and paid taxes. The defendant objected to his competency, but the objection was overruled, and the defendant excepted.
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ERROR to the Common Pleas of Jefferson county, in which an action of assumpsit was brought by Thomas M’Kee and others, school directors of Young township, against David Barnet, to recover the amount of certain taxes received by him as collector of the school-tax for said township. The plaintiffs called a witness, who stated that he resided in Young township, and paid taxes. The defendant objected to his competency, but the objection was overruled, and the defendant excepted. The plaintiffs moved to amend the prcecipe and writ by striking out the names of Thomas M’Kee ei al., so that the suit…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A rated inhabitant of a city, county, &c., at common law, is not a competent witness in a suit in which the city or county is a party. But as the intei’est, which is the ground of exclusion, is, in most instances, very trifling, various statutes in England, and in this country, have been passed, admitting them to testify; making the objection to their credit, rather than their competency. Thus, by the Act of 16th April 1840, sect. 6, it is enacted, “that no person shall be excluded from being a witness or juror in any suit, prosecution or…
2Cited by4 opinions
- Miller v. McDonaldWisconsin Supreme Court · 1861
- Downey v. GarardSupreme Court of Pennsylvania · 1854
- Kingsley v. School Directors of Plum TownshipSupreme Court of Pennsylvania · 1845
- Kuyalowicz v. Schuylkill Gas & Electric Co., Pennsylvania Court of Common Pleas, Schuylkill County1921