Proper v. Campbell

Citations

• 15 Pa. Super. 153
• 1900 Pa. Super. LEXIS 318

Syllabus

<p>Evidence — Party dead — Act of 1891.</p> <p>Where a living party defendant is called by the defendants to testify against the plaintiffs with regard to a relevant matter which occurred in her presence prior to the death of one of the defendants, party to the contract, the effect is to render the surviving parties and other persons whose interests were adverse to the right of the defendants competent to testify to that particular relevant matter.</p> <p>Evidence — Party dead — Gross-examination.</p> <p>Where the witness in her examination in chief had unequivocally testified that the agreement had been made, the defendants could not deprive the plaintiffs of the benefit of the act of 1891 by refraining from asking her who were present at the time the agreement was made; this fact the plaintiffs had a right to develop in cross-examination, and the case does not fall within the' rule of Cake v. Cake, 162 Pa. 584.</p> <p>Sheriff's mileage fees — Forest county — Act of 1870.</p> <p>Under the Act of February 19,1870, P. L. 210, the mileage fees of sheriffs in Forest county was increased from six cents to ten cents a mile.</p>