Heydrick v. Hutchinson
Supreme Court of Pennsylvania
Appeal, No. 245, Oct. T., 1894, by defendants from judgment of C. P. Venango Co., Jan. T., 1893, No. 10, on a verdict for the plaintiff/ Ejectment.
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Appeal, No. 245, Oct. T., 1894, by defendants from judgment of C. P. Venango Co., Jan. T., 1893, No. 10, on a verdict for the plaintiff/ Ejectment. Before Taylor, P. J. At the trial it appeared that defendants claimed title under a deed made to them by the county commissioners of Venango county, who in turn purchased at a treasurer’s sale of the same, made July 11, 1890, for arrears of taxes of 1889. It was conceded that plaintiff had title to the land in question prior to the sale by the treasurer, and that defendants’ title depended upon the validity of the treasurer’s sale. It was also…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The specific exceptions to the charge include in the aggregate nearly all that was said in submitting the cause to the jury, and while many of them are not well founded, the charge as a whole is fairly open to the objection that its tendency was to belittle and prejudice the defence and that in expression and tone it was not a judicial presentation of the case. A judge may express to the jury his opinion of the weight of the testimony and of its bearing and effect, and there are eases in which he should do so. If in his judgment the testimony is not sufficient to…
2Cited by5 opinions
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