Legal Opinion

Withers v. Gillespy

Supreme Court of Pennsylvania

Decided June 4, 1821PublishedCited by 2 opinions

In Error. ERROR to the Court of Common Pleas of Lancaster count)-* This was an action of assumpsit brought by the plaintiff below, James Gillespy, against John Withers, George Withers, and Michael Withers, to August Term, 1812, to recover for work and labour performed for the defendants.

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In Error. ERROR to the Court of Common Pleas of Lancaster count)-* This was an action of assumpsit brought by the plaintiff below, James Gillespy, against John Withers, George Withers, and Michael Withers, to August Term, 1812, to recover for work and labour performed for the defendants. The writ was sued out on the 27th May, 1812. On the trial in the Court below, the plaintiff having given in evidence the day book of the defendants, produced pursuant to notice from the plaintiff, and read therefrom certain entries in the different pages of the book, giving the plaintiff a credit of…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

The first three bills of exceptions contain exactly the same point and may be considered together. The *14plaintiff having given in evidence from the defendants’ book produced on notice, two entries by which he had received a'credit for work and labour done ; the defendants offered in - evidence two other entries in a different page in the same book, and of á date subseqdent to the commencement of the suit, which were rejected ; and this is the first error assigned. The rule that books produced on notice and used, ¡become evidence against, as…

2Cases cited1 opinion

  1. Clarke v. RusselSupreme Court of the United States · 1799

3Cited by2 opinions

  1. Towers v. HagnerSupreme Court of Pennsylvania · 1838
  2. Summers v. M'KimSupreme Court of Pennsylvania · 1825

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