Diehl v. Ihrie
Supreme Court of Pennsylvania
This was a writ of error, to the Court of Common Pleas for the *county of Northampton, to remove the record of an action between Peter Ihrie, Jr. executor of the will of George Ihrie, deceased, plaintiff, and William Diehl and Maria his wife, late Maria Otto, Charles Otto, John Otto, Reuben Otto, Daniel Lewis Otto, Michael Otto, arid Catharine Otto, children, and legal representatives of John Otto, deceased, and tcrretenants, defendants.
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This was a writ of error, to the Court of Common Pleas for the *county of Northampton, to remove the record of an action between Peter Ihrie, Jr. executor of the will of George Ihrie, deceased, plaintiff, and William Diehl and Maria his wife, late Maria Otto, Charles Otto, John Otto, Reuben Otto, Daniel Lewis Otto, Michael Otto, arid Catharine Otto, children, and legal representatives of John Otto, deceased, and tcrretenants, defendants. The action in the Court below was a scire facias, upon a judgment obtained at January Term, 1812, by George Ihrie, Esq., in his lifetime, against John Otto,…
1Opinion of the Court
*148The opinion of the Court was delivered by
Sergeant, J.
According to the English practice, a special case is used instead of a special verdict. It is a species of special verdict. The jury find generally for either party, but subject to the opinion of the Court, on a special case (stated by the counsel on both sides, or dictated by the judge), with regard to a matter of law. Leave is sometimes given to turn it into a special verdict. But in a special case, as in a special verdict, the facts proved at the trial ought to be stated, and not merely the evidence of facts. In arguing a special case,…
2Cases cited2 opinions
- Backestoss v. CommonwealthSupreme Court of Pennsylvania · 1839
- Fuller v. TrevorSupreme Court of Pennsylvania · 1822
3Cited by14 opinions
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Oliver v. StateSupreme Court of Alabama · 1850
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
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