Farmers' Mutual Fire Ins. v. Bair & Shenk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1878, Nos. 96 and 97. Attachment-execution issued by Bair & Shenk and Samuel Groff, to use of Bair & Shenk, against John K. Barr, defendant, and the Farmers’ Mutual Fire Insurance Company of Pennsylvania, garnishee. The garnishee pleaded nulla bona. On May 31st 1867, John K. Barr signed an application for an insurance in the defendant’s company for $4000 on his house and furniture.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1878, Nos. 96 and 97. Attachment-execution issued by Bair & Shenk and Samuel Groff, to use of Bair & Shenk, against John K. Barr, defendant, and the Farmers’ Mutual Fire Insurance Company of Pennsylvania, garnishee. The garnishee pleaded nulla bona. On May 31st 1867, John K. Barr signed an application for an insurance in the defendant’s company for $4000 on his house and furniture. The application was for a policy for the term of three years, from May 31st 1867, at noon, and was approved by the company and duly issued. In the…
1Opinion of the CourtJustice Paxson
The assignments of error, from one to seven inclusive, allege that the court below erred in overruling the objections to the questions put to Henry B. Hertzler, a witness on behalf of the plaintiffs below. The questions were objected to on two grounds, viz: 1. That they were not properly rebuttal; and 2. That they were leading. The first does not need an extended discussion. It is sufficient to say that it has been repeatedly held that the admission of evidence not strictly in rebuttal is in the discretion of the court and not error; the latest case being Vandyke v. Townsend, decided at the…
2Cited by5 opinions
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