Thompson v. Stevens
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No 145, to July Term 1871. This was an action of assumpsit, brought April 29th 1870, by Rebecca M. Stevens against John P. Thompson, surviving executor of Abraham Shalkop, deceased. The declaration was in the common counts.
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Error to the District Court of Philadelphia: No 145, to July Term 1871. This was an action of assumpsit, brought April 29th 1870, by Rebecca M. Stevens against John P. Thompson, surviving executor of Abraham Shalkop, deceased. The declaration was in the common counts. The bill of particulars was as follows: Plaintiff’s claim is for services rendered to Abram Shalkop as housekeeper, nurse, and confidential business agent, for ten years prior to his death, at one thousand dollars per year, $10,000. The pleas were non assumpsit and payment, and the Statute of Limitations. The case was tried June…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
The 1st assignment of error, that the learned judge refused to withdraw a juror, is a matter which is exclusively within the discretion of the court below and not reviewable here. The 2d error assigned is in permitting a witness to be asked whether the plaintiff’s appearance did not show her constitution broken down by her duties at that time. Certainly, if the offices performed by the plaintiff were of such a character as necessarily to be injurious to her health, it was a fair element to be taken into consideration in determining what…
2Cases cited4 opinions
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
- Roberts v. SwiftSupreme Court of Pennsylvania · 1793
- Little v. DAWSONSupreme Court of the United States · 1791
- Snyder v. CastorSupreme Court of Pennsylvania · 1807
3Cited by18 opinions
- Estate of MillerPennsylvania Orphans' Court, Berks County · 1890
- Byrne's EstateSuperior Court of Pennsylvania · 1936
- Commonwealth v. PavaSupreme Court of Pennsylvania · 1920
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- Harrington v. HickmanSupreme Court of Pennsylvania · 1892
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