Hill v. Truby
Supreme Court of Pennsylvania
ERROR, APPEAL AND CERTIORARI TO THE COURT OE COMMON PLEAS OE ARMSTRONG- COUNTY. No. 56 October Term 1886 and No. 225 October Term 1887, Snp. Ct.; court below, No. 272 September Term 1884, C. P. On August 18, 1884, an appeal by the defendants was entered from the judgment of a justice of the peace in an action by Simon Truby against John W. Hill and John H. Townsend, and on the same day the cause was put at issue by the entry of the plea of nil debet, sec. reg.
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ERROR, APPEAL AND CERTIORARI TO THE COURT OE COMMON PLEAS OE ARMSTRONG- COUNTY. No. 56 October Term 1886 and No. 225 October Term 1887, Snp. Ct.; court below, No. 272 September Term 1884, C. P. On August 18, 1884, an appeal by the defendants was entered from the judgment of a justice of the peace in an action by Simon Truby against John W. Hill and John H. Townsend, and on the same day the cause was put at issue by the entry of the plea of nil debet, sec. reg. The record showed that on December 8, 1887, the death of John H. Townsend was suggested and that N. E. Townsend and Frank Townsend,…
1Opinion of the Court
*324HILL V. TRULY.
Opinion,
Mr. Justice Green:
We think it was error to reject the offer to prove by Hill what occurred between Mm and the tax collector, on the ground of incompetency of the witness. We held in Ash v. Guie, 97 Pa. 493, that the spirit of the act of 1878 embraced the survivor of two or more who jointly contracted, and therefore the plaintiff could testify as to matters occurring between Mmself and the survivmg defendants. But we did not mean to decide that he could not testify as to relevant matters wMch occurred between Mmself and strangers. There would be no propriety •■and no…
2Cases cited1 opinion
- Ash v. GuieSupreme Court of Pennsylvania · 1881
3Cited by7 opinions
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- Kelly v. KellySuperior Court of Pennsylvania · 1912
- Muntz v. WhitcombSuperior Court of Pennsylvania · 1909
- Taylor v. SiersSuperior Court of Pennsylvania · 1916
- Bascelli v. Randy, Inc.Supreme Court of Pennsylvania · 1985
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