Smyth v. Craig
Supreme Court of Pennsylvania
THIS was a writ of error to the District Court of the city and county of Philadelphia; in which this action of replevin was brought by Andrew C. Craig, the defendant in error and plaintiff below, against the plaintiff in error and defendant below, Samuel Smyth, for 350 hogsheads of molasses and 25 hogsheads of. rum, of the value of $9000. At the trial in the court below, after the plaintiff had gone through his evidence, the defendant, who offered no evidence, moved the…
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THIS was a writ of error to the District Court of the city and county of Philadelphia; in which this action of replevin was brought by Andrew C. Craig, the defendant in error and plaintiff below, against the plaintiff in error and defendant below, Samuel Smyth, for 350 hogsheads of molasses and 25 hogsheads of. rum, of the value of $9000. At the trial in the court below, after the plaintiff had gone through his evidence, the defendant, who offered no evidence, moved the court for a nonsuit; which was ordered, and was after-wards confirmed by the court in bank; and this writ of error was taken…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— The statute by which the court belbw is constituted, directs that when the defendant shall have given no evidence, the presiding judge may direct a nonsuit, if the plaintiff’s evidence be insufficient in his opinion to make out a case; and hence it results, not only that the evidence must be taken to be true, but that every inference of fact which a jury might draw from it in.favour of the plaintiff, must be drawn by the Judge: else the plaintiff might be deprived of his constitutional privilege, and the statute would be so far void. In…
2Cited by18 opinions
- Hawley v. SmithIndiana Supreme Court · 1873
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Boyer v. NesbittSupreme Court of Pennsylvania · 1910
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
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