Helser v. McGrath
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county. This was an action of trespass, commenced August 9th 1862, by Solomon Helser against William McGrath, sheriff of Franklin county, for taking, &c., the goods of the plaintiff. The goods in question were a quantity of rye levied on and sold by the sheriff, as the property of’Jacob Myers, which Helser alleged was his. There had been a sale by Myers of his store to Helser, which was alleged to be colourable.
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Error to the Court of Common Pleas of Franklin county. This was an action of trespass, commenced August 9th 1862, by Solomon Helser against William McGrath, sheriff of Franklin county, for taking, &c., the goods of the plaintiff. The goods in question were a quantity of rye levied on and sold by the sheriff, as the property of’Jacob Myers, which Helser alleged was his. There had been a sale by Myers of his store to Helser, which was alleged to be colourable. It was' also alleged that the rye had been bought with the proceeds of the store, and was in fact Myers’s property. There was evidence…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Thompson, J.
The order of examination and cross-examination of witnesses is so much a matter within the discretion of the judge trying the cause that we seldom reverse on an exception to it, yet it is very important that the latitude should not extend to give an undue advantage to one party over the other in the trial. The *533cross-examination, as a general thing, is only regular when it is confined to the testimony given by the witness in chief: 11 Harris 199. In Breinig v. Metzler, same book, page 157, it was said that a defendant cannot…
2Cited by11 opinions
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- Kline v. KachmarSupreme Court of Pennsylvania · 1948
- Rogan EstateSupreme Court of Pennsylvania · 1961
- McGoldrick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1968
- Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
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