Legal Opinion

Cobb v. Barclay

Superior Court of Pennsylvania

Decided March 23, 1899No. Appeal, No. 15PublishedCited by 4 opinions

Appeal, No. 15, Feb. T., 1899, by plaintiff, from judgment of C. P. Potter Co., Dec. T., 1897, No. 117, on verdict for defendant. Trespass quare clausam fregit. Before Morrison, J. The undisputed facts are sufficiently set out in the opinion of the court.

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Appeal, No. 15, Feb. T., 1899, by plaintiff, from judgment of C. P. Potter Co., Dec. T., 1897, No. 117, on verdict for defendant. Trespass quare clausam fregit. Before Morrison, J. The undisputed facts are sufficiently set out in the opinion of the court. At the trial the defendant made certain offers of evidence tending to show the payment of taxes for 1888, which evidence was admitted and objection by plaintiff overruled and admission of this evidence was made the subject of exception. The court below directed a verdict for defendant and plaintiff appealed. Error assigned among others was…

1Opinion of the Court

Opinion by

Beaver, J.,

The defendants’ offer, the admission of which constitutes the first specification of error, should have been rejected. The letter of the defendants to their attorney, unless the contents thereof were communicated to the county treasurer, was not competent evidence. The offer did not go far enough and the proof went no farther than the offer. In our view of the case, however, the plaintiff did not suffer by reason of the admission of this testimony, nor would any of the other specifications of error, if sustained, be' of any practical value to him. The law applicable to…

2Cases cited1 opinion

  1. Diamond Coal Co. v. FisherSupreme Court of Pennsylvania · 1852

3Cited by4 opinions

  1. Schreiber v. MoynihanSupreme Court of Pennsylvania · 1901
  2. Feltz v. Natalie Anthracite Coal Co.Supreme Court of Pennsylvania · 1902
  3. Gretok Petition, Pennsylvania Court of Common Pleas, Cambria County1969
  4. Nitschke v. Rumbel, Pennsylvania Court of Common Pleas, Washington County1977

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