Crawford v. Jackson
Supreme Court of Pennsylvania
Appeal from the Circuit Court, sitting in Huntingdon county. John Crawford, brought an action of indebitatus assumpsit in1 the Common Pleas of Huntingdon county, against William Jackson, which was removed into the Circuit Court, and tried before . His Honour Judge, Smith, on the 22d of August, 1 '828. . . The.following evidence was given by the- plaintiff.
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Appeal from the Circuit Court, sitting in Huntingdon county. John Crawford, brought an action of indebitatus assumpsit in1 the Common Pleas of Huntingdon county, against William Jackson, which was removed into the Circuit Court, and tried before . His Honour Judge, Smith, on the 22d of August, 1 '828. . . The.following evidence was given by the- plaintiff. JohnM‘Cahan,swoTa'.~ On the 13th of April, 1819, John Crawford called at my house; told me he was likely to get into a dispute with Mr. Beatty about whiskey he had sold to Beatty, said he was afraid he would have to sue him; said he was an…
1Opinion of the Court
The opinion of the court was delivered by
Gibsón, C. J.
Baker’s Case, 5 .Co: 104, is an-explicit authority, that a refusal to join in a demurrer properly tendered, is a waiver of the evidence; to give effect- to which, it is the business of the court to direct the jury to disregard it. But, whether a party can properly tender a demurrer to parol evidence, seems not so clear. The weight of the authorities seems to be, that where such evidence is certain, and as little susceptible of variance as written evidence, it stands on the same. footing.- ' Where it is loose, and made up of circumstances,…
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