Hill v. Truby

Citations

• 117 Pa. 320
• 11 A. 89
• 1887 Pa. LEXIS 266

Syllabus

<p>1. Under the act of May 25, 1878, P. L. 153, the survivor of two or more joint parties to a cause is competent to testify to relevant matters between himself and a stranger occurring before the death of the deceased party.</p> <p>2. A trial court will not be reversed for the erroneous exclusion on the ground of incompetency of a witness who is competent, when the offer does not disclose all the facts necessary to show the relevant admissi- - bility of the testimony.</p> <p>3. When the record shows the death of a defendant and the substitution of his executors or administrators, if it do not also appear therefrom that the substitution of the latter was made at their instance or by their authority, or after the proper service of a scire facias or rule upon them, the judgment will be reversed.</p>