Withers v. Atkinson
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an action of debt on a bond, dated 1st April 1820, brought in the name of John Fullmer, assignee of George Withers, against Ezekiel Jltkinson, and the defence was a failure of consideration.
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ERROR to the district court of Lancaster county. This was an action of debt on a bond, dated 1st April 1820, brought in the name of John Fullmer, assignee of George Withers, against Ezekiel Jltkinson, and the defence was a failure of consideration. The defendant called Isaac Bolton, as a witness to prove what William and Mahlon Jltkinson, who were then both dead, swore before arbitrators ón a former trial of the cause; who said, that he could remember the whole substance of the testimony then given by those witnesses, which was, that they were subscribing witnesses to the bond.; that the…
1Opinion of the Court
The opinion of .the Court was delivered by
Huston, J.
I shall content myself with noticing those matters in this-long record which are material to the cause trying. The first bill of exceptions contains matter which, if doubtful, ought not *243to continue so. The witness was called to prove what two persons, now dead, swore before arbitrators in this cause at some time before 1825—1826, when the last of them died. There had been a former trial of this case in December 1828, at which the same witness had been called to prove the same matters in substance ; viz. that these two persons had sworn, that…
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