Burke v. Maxwell's Administrators
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1874, No. 108. This was an action of assumpsit, brought April 25th 1871 by Michael R. Burke against Anna Gr. Maxwell, YanCamp Bush and William E. Smith, administrators, &c., of Ebenezer Maxwell, dec’d.
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Error to the District Court of Philadelphia: Of July Term 1874, No. 108. This was an action of assumpsit, brought April 25th 1871 by Michael R. Burke against Anna Gr. Maxwell, YanCamp Bush and William E. Smith, administrators, &c., of Ebenezer Maxwell, dec’d. The declaration was on a contract of guaranty; that, in consideration that plaintiff would purchase from decedent 800 shares of stock of the Tarr and Scott Farm Oil Company at $5 per share; within six months from the time of said purchase the said stock would sell in the market for $7 per share; that the stock did not at any time within…
1Opinion of the CourtJustice Paxson
' The right of a judge to express an opinion upon the evidence has been recognised in a number of cases. In Dittmars v. Commonwealth, 11 Wright 335, it was said by Thompson, J.: “ It is not error upon the part of the court to express an opinion merely upon the facts of the case, if they are properly referred to the jury. It is often very proper to do so. It aids the jury and subserves the ends of justice. Care must always be taken, however, not to infringe the province of the jury, so as to relieve them from the full responsibility of pronouncing an intelligent judgment upon them for…
2Cited by21 opinions
- United States v. Elliott Kahaner, Antonio Corallo and James Vincent KeoghCourt of Appeals for the Second Circuit · 1963
- Commonwealth v. OrrSupreme Court of Pennsylvania · 1890
- Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
- Feinglos v. WeinerCourt of Appeals of Maryland · 1942
- State v. ShetskySupreme Court of Minnesota · 1949
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