Kramer v. Kister
Supreme Court of Pennsylvania
Appeal, No. 208, Jan. T., 1897, by defendant, from judgment of C. P. York Co., Oct. T., 1891, No. 38, on verdict for plaintiff. Trespass for malicious prosecution. Before Bittenger, P. J. At the trial it appeared that on August 13,1894, the defendant swore out a warrant for the arrest of plaintiff on the charge of burglary by breaking into defendant’s cigar manufactory and stealing 2,350 cigars.
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Appeal, No. 208, Jan. T., 1897, by defendant, from judgment of C. P. York Co., Oct. T., 1891, No. 38, on verdict for plaintiff. Trespass for malicious prosecution. Before Bittenger, P. J. At the trial it appeared that on August 13,1894, the defendant swore out a warrant for the arrest of plaintiff on the charge of burglary by breaking into defendant’s cigar manufactory and stealing 2,350 cigars. The plaintiff was subsequently placed on trial in the criminal court, and a verdict of acquittal was rendered by the jury without leaving the jury box, the case having been submitted without evidence.…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The counsel for the present plaintiff at the trial in the criminal court was called by the defendant at the present trial to prove an arrangement by which the verdict in the former case was obtained, the purpose of the oiler as stated by defendant being to contradict the plaintiff who had testified that there ivas no such agreement to which he was party. The witness Avas rejected as incompetent. It Avas objected by plaintiff that the offer as made did not contradict his testimony, and critically tested it possibly did not. We should not be disposed therefore to…
2Cases cited11 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Alexander v. CommonwealthSupreme Court of Pennsylvania · 1884
- Commonwealth v. EisenhowerSupreme Court of Pennsylvania · 1897
- Beeson v. BeesonSupreme Court of Pennsylvania · 1848
- Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894
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3Cited by44 opinions
- Commonwealth v. GoldblumSupreme Court of Pennsylvania · 1982
- Bruce v. Chestnut Farms-Chevy Chase DairyCourt of Appeals for the D.C. Circuit · 1942
- Commonwealth v. ScottSupreme Court of Pennsylvania · 1983
- California Fruit Exchange v. HenryDistrict Court, W.D. Pennsylvania · 1950
- Rich v. FinleyMassachusetts Supreme Judicial Court · 1949
39 more not listed; retrieve them via the Exa API.