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· 6/28/1889

Appeal of Harmony Lodge, I. O. O. F.

Citations

  • 127 Pa. 269
  • 24 W.N.C. 366
  • 18 A. 10
  • 1889 Pa. LEXIS 1111

Syllabus

<p>Where, upon the hearing of a citation to show cause why an issue devisa,vit vel non should not be ordered on the ground of mental incapacity, the testimony submitted disclosed that the only allegation against the mental soundness of the testator was a habit of periodical but excessive drinking; that not even ordinary intoxication at the time the testamentary paper was executed was established; and that the instrument was dictated by the testator and well understood by Mm at the time and after, there was no sufficient evidence upon which a verdict adverse to the instrument in question should bo sustained, and it was not error to refuse the issue.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Pa. R.C.P. No. 1030 \requires that an immunity claim be pleaded as an affirmative defense in a responsive pleading under new matter\
  • stating that our Court’s original jurisdiction over civil actions against Commonwealth agencies “applies to mandamus actions”
  • noting that [Rule] 1030 “requires that an immunity claim be pleaded as an affirmative defense in a responsive pleading under new matter”
  • inmates who asserted that prison officials were violating the inmates’ first amendment rights stated cognizable mandamus claim
  • “We do not hold pro se complainants to the stringent standards expected of pleadings drafted by lawyers, and will examine the substance of their complaint to determine if [the complainants] would be entitled to relief if they proved the facts averred.”
  • “We do not hold pro se complainants to the stringent standards expected of pleadings drafted by lawyers, and will examine the substance of their complaint to determine if [the complainants] would be entitled to relief if they proved the facts averred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Green, McCollum, Mitchell, Sterrett, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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