Magill v. Kauffman
Supreme Court of Pennsylvania
In Error. THIS case came before the Court on several bills of exceptions to the admission of evidence by the Court of Common Pleas of Mifflin county, where it was an ejectment f°r 100 acres of land in Fermanagh township, to which William and Robert Magill, who were also plaintiffs below, title under an application in the name of Andrew dated January 8th, 1768. The defendant claimed under an application in the name of James Purdy and James Patterson, in trust for a certain…
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In Error. THIS case came before the Court on several bills of exceptions to the admission of evidence by the Court of Common Pleas of Mifflin county, where it was an ejectment f°r 100 acres of land in Fermanagh township, to which William and Robert Magill, who were also plaintiffs below, title under an application in the name of Andrew dated January 8th, 1768. The defendant claimed under an application in the name of James Purdy and James Patterson, in trust for a certain presbyterian congregation, March 30th, 1767. The Rev. Hugh Magill, deceased, the father of the plaintiffs, under whom they…
1Opinion of the Court
*319The opinion of the Court was delivered by
Tilghman C. J.
On the trial of this ejectment, the Court of Common Pleas admitted evidence of what had been sworn by David Nelson, a witness examined on a former trial between the same parties, wherein the same matters were in issue. At the time of the trial, David Nelson was living in the state of Ohio. The counsel for William, and Robert Magill, the plaintiffs below, objected to the. evidence, and excepted to the opinion of the Court.
I do not find any express decision upon this point. In several treatises upon the law of evidence, and in several…
2Cases cited1 opinion
- Clark v. SandersonSupreme Court of Pennsylvania · 1810
3Cited by10 opinions
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- Hayden v. Middlesex Turnpike Corp.Massachusetts Supreme Judicial Court · 1813
- Savings Bank of New-Haven v. Davis & CenterSupreme Court of Connecticut · 1830
- Trustees of St. Mary's Church v. CaggerNew York Supreme Court · 1849
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