Deen & Schoch v. Herrold
Supreme Court of Pennsylvania
Error to the Common Pleas of Snyder county. This was a feigned issue directed in the name of Dean & Schoch for the use of Nelson Byers, executor of William Byers, against William S. Herrold, by the Common Pleas of Snyder county, for the purpose of trying whether the consideration of a judgment entered in that court, to May Term 1857, No. 60, “ had not, in whole or in part, failed; and, if in part only, what amount the plaintiff was entitled to recover; and, also, whether the…
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Error to the Common Pleas of Snyder county. This was a feigned issue directed in the name of Dean & Schoch for the use of Nelson Byers, executor of William Byers, against William S. Herrold, by the Common Pleas of Snyder county, for the purpose of trying whether the consideration of a judgment entered in that court, to May Term 1857, No. 60, “ had not, in whole or in part, failed; and, if in part only, what amount the plaintiff was entitled to recover; and, also, whether the matter alleged as a failure of the consideration, had not been settled by the parties, before the confession of the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— There are very many exceptions in this case, both to the ruling of the court in admitting evidence, and to the charge in answer to points. Whatever apology there may be for multiplying exceptions on account of want of time for consideration, during the trial of causes at bar, it is hardly so excusable after opportunity for reflection afforded in the preparation of the case for review. It is hardly to be supposed that a court will be in error a dozen and a half of times in one case! It should be the study of counsel to concentrate their…
2Cited by2 opinions
- Janes v. BensonSupreme Court of Pennsylvania · 1893
- Stokes v. DeweesSuperior Court of Pennsylvania · 1904