Silver v. Williams

17 Serg. & Rawle 292, 1828 Pa. LEXIS 26

• Court: Supreme Court of Pennsylvania
• Decided: May 28, 1828
• Status: Published

Opinion

Tod, J.

As well as can be judged of proof from depositions, there is strong doubt whether the appellees ever were employed as domestic servants.

There is contrariety pf evidence; and the time of the completion of the service is not fixed eithér in the case of Dimmy or of Williams. We decide the case on a point relative to which there is, as to the fact, no dispute;- and, as to the law, no-diflerence of opinion on the bench. We all think that the right of preference of the appellees, as- servants claiming their wages, supposing them even to have once had such right, has been waved and extinguished by their taking from the intestate single-bills payable at a future day, with interest, and one of them with a surety. ■ The decree of the Orphans’ Court is reversed, and the report of the auditors confirmed. ' ....