Competency of Witnesses in Civil Causes in Pennsylvania As Affected By Legislation, With Especial Reference to the Act of April 15, 1869

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Wagstaff, supra ; Garsed v. Turner, 21 Sm., 56 ; Robinson v. Buck, Id., 386 ; Laubach v. Laubaoh, 23 Sm., 387.
* Sennett v. Johnston, 9 B., 335 ; Wharton v. Douglass, 26 Sm., 273.
* Marshall v. Bobst, 1 Pitts., 137.
^ Drexel v. Man, 6 W. & S., 343.
' Ash V. Patton, S S. & R., 300 ; Gillespie v. Goddard, 1 Pitts., 306 V PRACTICB. 65 mony.^ In the case of an auditor's report, unless it is clearly shown that he was led into some specific error by the incompetent evi- dence, a decree confirming it
...will be allowed to stand." Where a witness has been objected to as incompetent, but ad- mitted subject to the right to exclude his testimony, it is not suf- ficient for the judge to charge that "under all the evidence in the case the plaintiff cannot recover, and their verdict must be for the defendant ; " it is the duty of the court to charge expressly on the competency of the witness, if he is inadmissible.' 1 Sawtelle's Appeal, 3 N., 306, 4 W. N. C, 361 ; Breneman's Est., 15 Sm., 298 ; Cf. Bank v.

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