Legal Opinion

Stevenson v. Stewart

Supreme Court of Pennsylvania

Decided July 15, 1849PublishedCited by 10 opinions

Error to the Common Pleas of Lycoming. This was an action of debt on a single bill, brought by the administratrix of John A. Stewart, to whom or whose order the bill was made payable, against Stevenson, the maker. The bill was dated 6 th July, 1844. The defendant pleaded non est factum, alleging that the hill was a forgery.

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Error to the Common Pleas of Lycoming. This was an action of debt on a single bill, brought by the administratrix of John A. Stewart, to whom or whose order the bill was made payable, against Stevenson, the maker. The bill was dated 6 th July, 1844. The defendant pleaded non est factum, alleging that the hill was a forgery. The plaintiff called several witnesses, who testified that they would take the signature to the bill to be the handwriting of the defendant; and the bill was read in evidence to the jury. The defendant then -introduced several witnesses to prove that he was not in the…

1Opinion of the Court

The opinion of this court was delivered by

Bell, J.

It is, undoubtedly, a rule governing the production and admission of evidence, that the evidence offered must correspond with the allegations and be confined to the point in issue. The effect is to exclude merely collateral facts, having no connexion with the subject litigated, and, therefore, incapable of shedding light upon the inquiry, or affording ground for reasonable presumption or inference. Thus, in covenant, the issue was whether the defendant, who was a tenant of the plaintiff, had committed waste, and evidence of bad husbandry, not…

2Cited by10 opinions

  1. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  2. Ernest S. Borum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  3. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
  4. Lueders v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  5. Riverside & Dan River Cotton Mills, Inc. v. WaughSupreme Court of Virginia · 1915

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