Hess v. Heeble
Supreme Court of Pennsylvania
In Error. THE record of this cause having been remitted to the Court of Common Pleas of Lancaster county, on the reversal of a former judgment by this Court at May Term, 1818,* it came on again for trial on the 29th January, 1819. The suit was brought to February Term, 1801, by David Hess, deceased, whose executor had, since his death, been substituted in his place, to recover the sum of forty pounds, part of the price of a tract of land, which Conrad Heeble, the defendant,…
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In Error. THE record of this cause having been remitted to the Court of Common Pleas of Lancaster county, on the reversal of a former judgment by this Court at May Term, 1818,* it came on again for trial on the 29th January, 1819. The suit was brought to February Term, 1801, by David Hess, deceased, whose executor had, since his death, been substituted in his place, to recover the sum of forty pounds, part of the price of a tract of land, which Conrad Heeble, the defendant, had, on the 21st April, 1800, purchased him for one hundred and fifty pounds. By the contract, which was declared upon…
1Opinion of the Court
Gibson J.
How far, or under what circumstances, a plaintiff may shew that a particular part of his demand in a former action was omitted to be prosecuted, is net very accurately defined in any of the cases. It is a general rule, that an averment, which goes to contradict the record, is inadmissible ; though where it stands with the record, and falsifies no fact appearing on its face, it is permitted; as in Aynd’s case, (4 Rep. 71.) This rule has, however, been so far relaxed, as to allow a fact to be averred against the ■formal part of a record, as where the actual time of issuing a writ, or…
2Cases cited1 opinion
- Snider v. CroyNew York Supreme Court · 1807
3Cited by6 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
- Carvill v. GarriguesSupreme Court of Pennsylvania · 1847
- Wilson v. HamiltonSupreme Court of Pennsylvania · 1823
- Croft v. SteeleSupreme Court of Pennsylvania · 1837
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