Davis v. Steiner
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. • This was an action on the case by David Davis vs. Steiner, executor of Philip Kuhns, deceased. Summons issued 22d Jan. 1848. The plaintiff claimed in this case to recover on the grounds — that, on the 5th. March, 1819, he sold, by articles of agreement, a tract of land to Jacob Dry, for $2530, and received on it the hand-money — one thousand dollars.
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Error to the Common Pleas of Westmoreland county. • This was an action on the case by David Davis vs. Steiner, executor of Philip Kuhns, deceased. Summons issued 22d Jan. 1848. The plaintiff claimed in this case to recover on the grounds — that, on the 5th. March, 1819, he sold, by articles of agreement, a tract of land to Jacob Dry, for $2530, and received on it the hand-money — one thousand dollars. About the time of the sale, judgments were entered against David Davis, the plaintiff, for about six hundred dollars. On one of the judgments execution issued, and David Davis’s interest in the…
1Opinion of the Court
The opinion of the court was delivered, by
Rogers, J.
— On a demurrer to evidence, the party demurring admits all the facts which the evidence tends or conduces to prove, *277though hut in the slightest degree or which the jury might, with the least degree of propriety, have inferred from it. Every fact is taken against the party demurring as true, and no testimony can be considered which impugns its truth: Fry v. Decamp, 15 Ser. & R. 231; Crawford v. Jackson, 1 Rawle 431; McKinley v. McGregor, 3 Whar. 376; Duerhagen v. United States, 2 Ser. & R. 185. The court is not by the demurrer substituted…
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- Bream v. Drum, Pennsylvania Court of Common Pleas, Adams County1980