Strohecker v. Drinkle
Supreme Court of Pennsylvania
On the trial of this case before Judge Duncan, at a Circuit Court in Berks on the 26th of April, 1827, on the pleas of non assump~ sit and plene administravit and debts of a higher nature, replication and issue, the jury found a verdict in favour of the plaintiff for seven thousand nine hundred and nineteen dollars, and thirty-five cents damages, and six cents costs. A motion in arrest of judgment having been overruled, the defendant appealed to this court.
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
There is no surer rule than that the jury must dispose of all the issues; and for my own part I see no difference in this respect, between issues that are affirmative as respects the party who obtains the verdict, and those that are negative. It is necessary to show that every allegation material to the cause, has been considered and determined, and this whether it were made on the one part or on the other. The English practice requires a particular finding of each issue, although the rule is not of universal application; and, where the truth…
2Cases cited1 opinion
- Thompson v. ButtonNew York Supreme Court · 1817
3Cited by1 opinion
- Flanagin v. WetherillSupreme Court of Pennsylvania · 1840