Peaceable v. Eason
Supreme Court of Pennsylvania
Ejectment for lands in Northumberland county. The cause was tried at Sunbury, on the 17th October 1796, when the plaintiff’s counsel demurred to the evidence given by the defendants.
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Ejectment for lands in Northumberland county. The cause was tried at Sunbury, on the 17th October 1796, when the plaintiff’s counsel demurred to the evidence given by the defendants. The record was as follows : * 1 “* Afterwards, to wit, on the day, and at the place with“in contained, before the Honorable† Jasper Yeates, “ esq. and the Honorable Thomas Smith, esq., two of the judges “ of the Supreme Court of Pennsylvania, came as well the with- “ in named Timothy Peaceable, by Charles Smith his attorney, “ as the within named John Eason and Robert Eason by Thomas Duncan, their attorney; and…
1Opinion of the CourtShippen, C. J.
The court continued the matter under advisement, and after-wards in September term, 1801, delivered the opinion of himself, and Smith, J. as follows :
The difference between a cause coming before the court on a special verdict, and a demurrer to evidence, is that in the former case, the facts must be distinctly found by the jury; but on a demurrer, the evidence only comes up: yet if the evidence be by parol, and any doubts arise as to the effect of the evidence, it shall be considered, that the party demurring had confessed all the facts, which such evidence tended to prove, or which the jury…
2Cited by3 opinions
- Berrill v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1840
- Booth v. CottonTexas Supreme Court · 1855
- Commonwealth v. DuncanSupreme Court of Pennsylvania · 1848