President of the Berks & Dauphin Turnpike Road v. Myers
Supreme Court of Pennsylvania
In ERROR. When the trial came on and the jury-agreement was produced by the plaintiffs, upon which the jury were discharged, and the cause THIS case came before the Court on a writ of error to the Common Pleas of Lebanon county, where it appearecj a suit had been formerly brought by the plain-r .joji tiffs in error against the defendant in error, to November Term 1816, on a promissory note or written promise, not exceeding g 1600. ° , . had been sworn, an agreement was…
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In ERROR. When the trial came on and the jury-agreement was produced by the plaintiffs, upon which the jury were discharged, and the cause THIS case came before the Court on a writ of error to the Common Pleas of Lebanon county, where it appearecj a suit had been formerly brought by the plain-r .joji tiffs in error against the defendant in error, to November Term 1816, on a promissory note or written promise, not exceeding g 1600. ° , . had been sworn, an agreement was produced by the plain- ( marked upon the record, “ settled as per agreement filed.” 1 1° pursuance of this arrangement, the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
On a bill of exceptions to the admission of a paper for want of proof of authenticity, a court of error should permit no objection to be made, which was not urged below; for every deficiency, if suggested in due season, might be remedied by supplementary proof; and every ground of objection, therefore, not specifically taken, is to be considered as having been waived. Besides, a bill of exceptions is taken to remove the very point made below, and where that appears on the record, it would be unjust, as well towards the Court as the party, to…
2Cases cited1 opinion
- Pigott v. HollowaySupreme Court of Pennsylvania · 1808
3Cited by8 opinions
- St. Louis Public Schools v. RisleySupreme Court of Missouri · 1859
- Racine County Bank v. AyersWisconsin Supreme Court · 1860
- Conine v. Junction & Breakwater RailroadSupreme Court of Delaware · 1866
- Inhabitants of the First Parish v. ColeMassachusetts Supreme Judicial Court · 1825
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
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