Fisher v. Kean
Supreme Court of Pennsylvania
ERROR to the special court of common pleas of Dauphin county. Ejectment by Jane Kean against George Fisher. Upon the trial of this cause, the defendant offered in evidence a deed from the plaintiff to him for the land in dispute. The defendant’s counsel objected to its admission, on the ground that it had never been delivered; and gave evidence to the court to establish that fact; upon which evidence the deed was rejected.
1Per curiam
We have more than once spoken in terms of censure of a. practice too common in the trial of causes, of receiving counter evidence of facts, adduced to make way for the rejection of other evidence, and thus drawing the decision,- perhaps of the whole cause, from the jury to the court. There are several decisions to this effect, of which Crotzer v. Russel, 9 Serg. & Rawle 68, is an instance; notwithstanding which, we are sorry to see the practice persevered in. Our course, in all instances of it, is a plain one. Here prima facie evidence had been given of the execution of a conveyance, which,…
2Cases cited1 opinion
- Childerston v. HammonSupreme Court of Pennsylvania · 1822
3Cited by3 opinions
- Pate v. First National BankIndiana Supreme Court · 1878
- Day v. SharpSupreme Court of Pennsylvania · 1839
- Cummings v. CummingsSupreme Court of Pennsylvania · 1843