M'Kinney v. Reader
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Samuel Reader against Henry M’Kinney and John Nise. This was an action of trespass vi el armis, for breaking and entering the tavern house of the plaintiff, and carrying away his goods. The defendants pleaded not guilty, and justified, under a warrant of distress for rent, the said Henry M’Kinney being the owner and landlord.
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ERROR to the common pleas of Dauphin county. Samuel Reader against Henry M’Kinney and John Nise. This was an action of trespass vi el armis, for breaking and entering the tavern house of the plaintiff, and carrying away his goods. The defendants pleaded not guilty, and justified, under a warrant of distress for rent, the said Henry M’Kinney being the owner and landlord. After the plaintiff had given in evidence, by the testimony of several witnesses, the taking of the goods, and in a manner which he alleged to be outrageous of his rights and of the law, he proposed to ask a witness, “how the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is, a bill of exception to the opinion of the court below, in admitting evidence objected to by the counsel for the defendants there, who are the plaintiffs in error here. We perceive no error in the admission of the evidence mentioned in this bill. Though it was not evidence per se, to prove that a trespass, such as is laid in the declaration, was committed; still, however, as evidence had been previously given by the plaintiff beloAv, tending to prove that fact, the evidence offered and objected to, Avent in…
2Cases cited1 opinion
- Woglam v. CowperthwaiteSupreme Court of the United States · 1790
3Cited by17 opinions
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
- Edmundson v. WraggSupreme Court of Pennsylvania · 1883
- Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937
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