Shoemaker v. Kellog
Supreme Court of Pennsylvania
Error to a special Court of Common Pleas of Lycoming. July 18. This case came before the Supreme Court upon several assignments of error, and the judgment below was reversed, and a ven. fae. de novo awarded, because President Woodward in his charge to the jury permitted that body to. pass upon a fact, of which this court conceived there was no evidence.
Read the full summary
Error to a special Court of Common Pleas of Lycoming. July 18. This case came before the Supreme Court upon several assignments of error, and the judgment below was reversed, and a ven. fae. de novo awarded, because President Woodward in his charge to the jury permitted that body to. pass upon a fact, of which this court conceived there was no evidence. So much of the case as was involved in the ground of reversal, and in all the assignments of error, except the first, possesses no professional interest, and the case was not ordered to be reported. With regard to the matter involved in the…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
“We have had some little hesitation as to the propriety of the decision presented by the first and fourth bills, but after reflection, have arrived at the conclusion, that the ruling of the court is, in this particular, correct. It is almost too trite to repeat, that books of original entry are evidence, only, from necessity, and ought never to be received where the transaction from its nature admits of more satisfactory proof. They are receivable to show goods sold, and put down in the course of the ordinary business or pursuit of the party…
2Cited by11 opinions
- Huffman Estate (No. 3)Supreme Court of Pennsylvania · 1944
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
- Pringle v. Neff, Exctx.Superior Court of Pennsylvania · 1933
- Buch & Myers v. Good, Pennsylvania Court of Common Pleas, Lancaster County1934
- Daroff EstatePennsylvania Court of Common Pleas · 1971
6 more not listed; retrieve them via the Exa API.