McElroy v. Meredith
Supreme Court of Pennsylvania
July Term, 1887, No. 22, E. D., before Gordon, Ch. J., Paxson, Stbrrbtt, Green, Clark, and Williams, JJ. Error to the Common Pleas No. 8 of Philadelphia County to review a judgment for plaintiff in an action for damages for a malicious prosecution.
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July Term, 1887, No. 22, E. D., before Gordon, Ch. J., Paxson, Stbrrbtt, Green, Clark, and Williams, JJ. Error to the Common Pleas No. 8 of Philadelphia County to review a judgment for plaintiff in an action for damages for a malicious prosecution. The facts as they appeared on the trial before Gordon, J., were, substantially, as follows: December 12, 1883, McElroy purchased from one M. L. Hofford a lot of ground in the city of Beverly, N. J., the possession of which was immediately delivered to him. He then made a contract to have a house built upon the same; and when the workmen went to…
1Per curiam
We see no error in sustaining the objection of the plaintiff to defendant’s offer to prove by the witness McElroy what John W. Harpur had said about the lease of the rear lot of Mr. Hofford. If the fact be that plaintiff testified that Mr. Harpur had leased the lot in question from Mr. Hofford, he could not be contradicted by proving Harpur’s declarations. Aside from this, the whole matter was irrelevant.
Nor do we find any error in the charge of the learned judge, us set forth in the second and third assignments. The issue was not a question of title to real estate, and the court below was…
2Cited by1 opinion
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