Legal Opinion

Utt v. Long

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 3 opinions

ERROR to the Common Pleas of Northampton county. This suit was originally brought before a justice of the peace by Abraham Long against Elias Utt to recover I4.03J, the amount of his daily pay and mileage as a witness for the plaintiff in an action of ejectment in which Adam Utt, a lunatic, by his committee William Hackett, was plaintiff, and Jacob Ujjt defendant. The justice gave judgment for Long, from which the defendant appealed.

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ERROR to the Common Pleas of Northampton county. This suit was originally brought before a justice of the peace by Abraham Long against Elias Utt to recover I4.03J, the amount of his daily pay and mileage as a witness for the plaintiff in an action of ejectment in which Adam Utt, a lunatic, by his committee William Hackett, was plaintiff, and Jacob Ujjt defendant. The justice gave judgment for Long, from which the defendant appealed. The plaintiff, after giving in evidence the record of said ejectment, offered to prove by William Hackett that although his name was used on the docket, yet…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The plaintiff below, who was defendant here, attempted to make out that Elias Utt had caused a suit to be brought in the name of William Hackett, in which suit there was a verdict and judgment for the defendant. Abraham Long had been under subpoena to attend and had attended as a witness for the plaintiff in that cause, and for his mileage and daily pay as such witness this suit was brought before a justice of the peace, and by appeal from his decision the case came into the Common Pleas, The plaintiff called William Hackett, who was objected…

2Cited by3 opinions

  1. Neal to Use v. B.R. P. Rwy. Co.Superior Court of Pennsylvania · 1931
  2. Howard Building & Loan Ass'n ex rel. Budd v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1883
  3. Hays v. PaulSupreme Court of Pennsylvania · 1866

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