Legal Opinion

M'Cabe v. Morehead

Supreme Court of Pennsylvania

Decided July 15, 1841PublishedCited by 8 opinions

ERROR to the Common Pleas of Union county. John M’Cabe against John Morehead. This was an action of replevin for a raft of timber.

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ERROR to the Common Pleas of Union county. John M’Cabe against John Morehead. This was an action of replevin for a raft of timber. The plaintiff gave in evidence a contract between him and Cyreftius E; Wykoff by which the latter agreed to deliver a raft of timber, particularly described, at Wrightsville, by a certain time, and then examined witnesses to prove that the timber in question was that contracted for, and that the defendant knew that at the time he purchased the timber from Wykoff The defendant then offered in evidence the deposition of Wykoff tó prove that he had sold the timber to…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Two errors have been assigned in the present case. The first is in admitting the deposition of Cyrenius E. Wykoff, which was received in evidence on the part of the defendant, having been objected to by the plaintiff, who alleged that Wykoff was interested in favour of the defendant, and was therefore an incompetent witness. The court below, it is stated, considered him as indifferent between these parties, and equally liable to either, and therefore a competent witness. We are of opinion that so far as regarded the costs of this suit, he…

2Cases cited2 opinions

  1. Brizsee v. MaybeeNew York Supreme Court · 1839
  2. Easton v. WorthingtonSupreme Court of Pennsylvania · 1819

3Cited by8 opinions

  1. Herdic v. YoungSupreme Court of Pennsylvania · 1867
  2. Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
  3. Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
  4. Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
  5. Smith v. WadeSupreme Court of the United States · 1983

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