Seip v. Storch
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county. This was an action of assumpsit by Henry Storch against William H. Seip, in which the writ issued September 18th 1868, and the defendant declared in the common counts. The cause of action was digging the cellars and doing the mason work for several houses.
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Error to the Court of Common Pleas of Lehigh county. This was an action of assumpsit by Henry Storch against William H. Seip, in which the writ issued September 18th 1868, and the defendant declared in the common counts. The cause of action was digging the cellars and doing the mason work for several houses. On the trial (before Maynard, P. J.) the defendant gave evidence to prove a change in the original contract, then called the plaintiff to prove other parts of his case, and rested. The plaintiff’s counsel then called the plaintiff himself to prove that the contract had not been changed.…
1Opinion of the Court
The opinion of the court was delivered March 26th 1867, by
Read, J.
The defendant called the plaintiff, and he was examined and cross-examined. The plaintiff’s counsel then called the plaintiff as a witness on his own behalf; he was objected to, but was admitted to testify, and was examined and cross-examined, and this is assigned for error. ,
*211In England, when called as a witness by the defendant, he might on cross-examination have testified as to every and any fact material to the issue ; but in Pennsylvania, according to the rule in Ellmaker v. Buckley, 16 S. & R. 72, a party cannot, before he…
2Cases cited2 opinions
- Floyd v. BovardSupreme Court of Pennsylvania · 1843
- Turner v. WatersonSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Shadle's EstateSuperior Court of Pennsylvania · 1906
- Lentz's EstateSupreme Court of Pennsylvania · 1918
- Wendt's EstateSuperior Court of Pennsylvania · 1900
- Miller v. Tice, Pennsylvania Court of Common Pleas, Northampton County1929