Legal Opinion

Smith v. Lane

Supreme Court of Pennsylvania

Decided October 18, 1824PublishedCited by 6 opinions

IN ERROR. These actions, the first of which was brought by Thomas C. Lane and Elliott Lane, and the second by Thomas C. Lane alone, against Robert Smith, were, by consent, tried together, in the Court of Common Pleas of Franklin county, from which the record was returned,' on a writ of error, accompanied by two bills of exceptions to evidence.

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IN ERROR. These actions, the first of which was brought by Thomas C. Lane and Elliott Lane, and the second by Thomas C. Lane alone, against Robert Smith, were, by consent, tried together, in the Court of Common Pleas of Franklin county, from which the record was returned,' on a writ of error, accompanied by two bills of exceptions to evidence. Both suits were brought on book accounts, and during the trial, the plaintiffs offered in evidence, the deposition of James Johnson, which had been taken in the suit brought by Thomas C. Lane alone. The witness testified, that the defendant “ looked…

1Opinion of the CourtTilghman, C. J.

Robert Smith, the plaintiff in error, was de-defendant below, in both these actions, and both depend on the same principles. On the trial, in the Court of Common Pleas of Franklin county, the counsel for the defendant took two bills of exception to the evidence.

1. The first exception, was to the deposition of James Johnson, taken in the action by Thomas C. Lane. Johnson swore, that the defendant looked at the books of account of Thomas C. Lane, and of Thomas and Elliott Lane, and as he understood, promised to pay interest on his account with both those houses. It is objected, that he ought…

2Cases cited3 opinions

  1. Sterrett v. BullSupreme Court of Pennsylvania · 1808
  2. Lessee of Dawson v. MorrisSupreme Court of Pennsylvania · 1807
  3. Rogers v. OldSupreme Court of Pennsylvania · 1819

3Cited by6 opinions

  1. Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
  2. Phillips v. PrestonSupreme Court of the United States · 1846
  3. Hocker v. JamisonSupreme Court of Pennsylvania · 1841
  4. Dialogue v. HoovenSupreme Court of Pennsylvania · 1847
  5. Heart v. HummelSupreme Court of Pennsylvania · 1846

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