Haupt v. Henninger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county. This was a feigned issue, awarded by the Common Pleas of Northumberland county, to try the validity of a judgment in favour of Peter Henninger, for the use of B. & F. J. Schoch, v. Daniel Haupt, Daniel Long, and John Long.
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Error to the Court of Common Pleas of Northumberland county. This was a feigned issue, awarded by the Common Pleas of Northumberland county, to try the validity of a judgment in favour of Peter Henninger, for the use of B. & F. J. Schoch, v. Daniel Haupt, Daniel Long, and John Long. On the 26th of November 1857, a judgment was entered on the records of the Common Pleas, to November Term 1857, No. 183, in favour of Peter Henninger, against Daniel Haupt, Daniel Long, and John Long, for $801.56, which, on the 17th of December 1857, was transferred to B. & F. J. Schoch. On the 3d of February…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
— At common law, it is generally deemed sufficient for the admissibility of depositions taken in one suit and offered in another, that the matters in issue were the same in both cases, and the party against whom the deposition was offered had full power to cross-examine the witness. Complete mutuality or identity of all the parties is not required: 1 Greenleaf’s Evidence, § 553. Our Act of Assembly of 28th March 1814, Purdon 325, provides that “ any deposition taken or to be taken in any cause which, by the rules of law, may be read in…
2Cases cited1 opinion
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
- Fearn v. West Jersey Ferry Co.Supreme Court of Pennsylvania · 1891
- Commonwealth v. SweeneySupreme Court of Pennsylvania · 1925
- Kyper v. SheafferSuperior Court of Pennsylvania · 1910
- Banks' EstatePennsylvania Orphans' Court, Philadelphia County · 1963
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