PSINAKIS v. PSINAKIS


177 Pa.Super. 250 (1955)

Psinakis v. Psinakis, Appellant.

Superior Court of Pennsylvania.

January 14, 1955.


Attorney(s) appearing for the Case

Frank P. Barnhart, for appellant.

Ray Patton Smith, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.


OPINION BY ERVIN, J., January 14, 1955:

The principal question involved in this appeal is the competency of the plaintiff (appellee here) to testify that his claim has not been paid contrary to the provisions of Sec. 5, Clause (e), of the Act of May 23, 1887, P.L. 158, 28 P.S. 322, commonly known as the "dead man's rule."

This is a suit in assumpsit in which plaintiff sued the administratrix of the estate...

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