Maynes v. Atwater
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 233. This was a feigned issue, wherein Rodger Maynes was plaintiff and Charles Atwater was defendant, to try the right to certain property levied on under an execution obtained by Atwater against one Jones, and which was claimed by Maynes.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 233. This was a feigned issue, wherein Rodger Maynes was plaintiff and Charles Atwater was defendant, to try the right to certain property levied on under an execution obtained by Atwater against one Jones, and which was claimed by Maynes. At the trial it appeared from the evidence of the plaintiff that in 1874 Jones obtained contracts from the city of Philadelphia to collect certain garbage, on which contract Maynes was the surety. Jones became involved, and judgments were obtained against him, upon…
1Opinion of the CourtJustice Trunkey
No opinion having been filed in the court below we are not informed of what was deemed a fatal defect in the plaintiff’s case. As it appears we think it ought to have been submitted to the jury.
Upon a motion for nonsuit the rule is, that the plaintiff is entitled to the benefit of every inference of fact which the jury might draw from the evidence, the defendant being considered as admitting every fact which the evidence tends to prove: Smyth v. Craig, 3 W. & S. 14; Bevan v. Insurance Co., 9 Id. 187. Where there is any evidence which would justify an inference of the disputed fact it must go…
2Cases cited2 opinions
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Smyth v. CraigSupreme Court of Pennsylvania · 1841
3Cited by33 opinions
- McCormack v. JermynSupreme Court of Pennsylvania · 1944
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
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