Zerger v. Sailer
Supreme Court of Pennsylvania
IN ERROR. -I — <*RROR to the Common Pleas of Dauphin county. In the Court below Sailer brought case against Zerger, in which he declared, that whereas Zerger on the 1st of . . ' . 3 , August 1803, m consideration oí 414/., sold to Sailer thirty-s*x acres of land in Dauphin county, and delivered the possession thereof to Sailer, who beinar so possessed, erected . ° 1 , . , , . and built a good two story house on the land, which cost him 3Q0l.i and afterwards, to wit the 1st…
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IN ERROR. -I — <*RROR to the Common Pleas of Dauphin county. In the Court below Sailer brought case against Zerger, in which he declared, that whereas Zerger on the 1st of . . ' . 3 , August 1803, m consideration oí 414/., sold to Sailer thirty-s*x acres of land in Dauphin county, and delivered the possession thereof to Sailer, who beinar so possessed, erected . ° 1 , . , , . and built a good two story house on the land, which cost him 3Q0l.i and afterwards, to wit the 1st of March 1805, at, &c. it was agreed between the parties, that if Sailer would rescind the aforesaid contract, and…
1Opinion of the Court
TilcShman C. J.
stated the first three exceptions, together
with the charge of- the judge, arid then proceeded as follows:
*27I cannot perceive error in this charge. The attention of the judge was not drawn to any particular point, but he was called on to declare that upon the whole evidence, the plaintiff had failed in.proving his cause of action. The rule of law is, that “to questions of fact the judges are not to answer.” How could the judge answer the question proposed, without deciding the fact? If the Court have a right to direct the jury, that certain facts are proved or not proved, then the…
2Cited by6 opinions
- Frazer v. RobertsSupreme Court of Missouri · 1862
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
- Riegel v. WilsonSupreme Court of Pennsylvania · 1869
- Beale v. Commonwealth ex rel. MarksSupreme Court of Pennsylvania · 1827
- Beale v. Commonwealth ex rel. MarksSupreme Court of Pennsylvania · 1827
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