M'Namara v. Shorb
Supreme Court of Pennsylvania
ERROR to the county of Centre. This was ail action of ejectment by Shorb, Lyon and others against Thomas M’Namara, for a tract of land in Centre county. Upon the trial of the cause, the plaintiff offered in evidence the deposition of a witness, who detailed acts done upon the land in dispute, by a settler in the course of his making his improvement, and concluded with the expression, that the improvement was continued and kept up to a certain period.
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ERROR to the county of Centre. This was ail action of ejectment by Shorb, Lyon and others against Thomas M’Namara, for a tract of land in Centre county. Upon the trial of the cause, the plaintiff offered in evidence the deposition of a witness, who detailed acts done upon the land in dispute, by a settler in the course of his making his improvement, and concluded with the expression, that the improvement was continued and kept up to a certain period. This latter part of the deposition was objected to on the ground that it was the expression of the opinion of the witness, as to what an…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The bills of exception to the opinion of the court *289below, on the admission of evidence, compose the first four errors assigned. The first, however, is the only one of them which was pressed upon the argument of the cause ; the others were given up: I shall, therefore, notice the first, which was an objection to the reading in evidence that part of George Anshutz’s deposition, inclosed in brackets towards the close of it, in which he speaks of the improvement being kept up and continued upon the land in dispute. This was objected to on the…
2Cases cited4 opinions
- Crouch v. GrayTennessee Supreme Court · 1926
- Lessee of Grant v. EddySupreme Court of Pennsylvania · 1796
- Smith v. WellsSupreme Court of Pennsylvania · 1793
- McCoy v. BevelsTennessee Supreme Court · 1927
3Cited by3 opinions
- Speer v. School DirectorsSupreme Court of Pennsylvania · 1865
- Smith v. WellsSupreme Court of Pennsylvania · 1793
- Prout v. BardSupreme Court of Pennsylvania · 1840