Campbell v. O'Neill
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 226, to January Term 1870. This was an action of trover, brought November 80th 1867, by Patrick Campbell against John O’Neill, for one steam-boiler, one steam-engine, one still complete, one doubler, one worm and worm-tub and one large tank.
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Error to the District Court of Philadelphia: No. 226, to January Term 1870. This was an action of trover, brought November 80th 1867, by Patrick Campbell against John O’Neill, for one steam-boiler, one steam-engine, one still complete, one doubler, one worm and worm-tub and one large tank. In June 1866, the defendant O’Neill and John W. Cullen were in partnership in the distilling business, they purchased a lot of ground and erected on it buildings in which the articles the subject of this suit were put up for the purpose of carrying on their business. In December of the same year, Cullen…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The power of reserving questions of law, which is granted to the judges of the District Court by the 5th section of the Act of Assembly of March 28th 1835, Pamph. L. 90, is a very valuable one. It prevents in many cases the necessity of a venire de novo, where important and novel points are started which cannot be sufficiently examined and considered in the hurry of a trial. But it is a power to be cautiously used so as not to invade the province of the jury. Hence it has been determined that a reservation can only be of pure questions…
2Cited by5 opinions
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- Straight v. MahoneySuperior Court of Pennsylvania · 1901
- Marx v. Perrus, Pennsylvania Court of Common Pleas, Westmoreland County1927