Wood v. Turner
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. L. Wood and A. Cady against Marshall Turner. This was an action on the case brought upon an agreement between the parties Vespecling the manufacture of pearlash. To maintain the issue on the part of the plaintiff, the deposition of Phineas Wood was given in evidence.
Read the full summary
ERROR to the common pleas of Erie county. L. Wood and A. Cady against Marshall Turner. This was an action on the case brought upon an agreement between the parties Vespecling the manufacture of pearlash. To maintain the issue on the part of the plaintiff, the deposition of Phineas Wood was given in evidence. The defendant then gave evidence by several witnesses to show that Phineas Wood, the witness of the plaintiffs, made the contract in his own name, at least impliedly so, from the fact, as witness stated, that he appeared to do business in his own name in the store; and, in further…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Conceding it to be among the canons of evidence that testimony be admitted under the sanction of an oath, it is insisted that the exigence is answered here by the oath appended to the return. But the constable is bound to return those who are actually vendors, without regard to their ownership ; and it is questionable whether his return would not be incompetent for that reason, were it not so for any other. Testimony must have the sanction not only of an oath, but of an oath guarded by temporal as well as spiritual penalties. But, where it…
2Cited by1 opinion
- Wolle v. BrownSupreme Court of Pennsylvania · 1839