Legal Opinion

Hogan v. Bear

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 2 opinions

ERROR to the common pleas of Dauphin county. This was an action of assu,mpsi( by John Bear against Richard Hogan, which was brought into court by appeal. When the cause was before the justice, it was proved that the defendant said “ the debt was just but Burns ought to pay it, and that he ought not to pay it,” and pleaded the statute of limitations.

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ERROR to the common pleas of Dauphin county. This was an action of assu,mpsi( by John Bear against Richard Hogan, which was brought into court by appeal. When the cause was before the justice, it was proved that the defendant said “ the debt was just but Burns ought to pay it, and that he ought not to pay it,” and pleaded the statute of limitations. Upon the trial in the court below it was referred to the jury to decide whether the acknowledgement was such as to take the case out of the statute, and the jury found a verdict for the plaintiff. The plaintiff in error assigned the following…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The altercation of parties at a hearing, is the oral pleading which we are told originally obtained in the courts of common law; and admissions before a summary tribunal are, therefore, to be handled in a manner adapted to the qualities derived by them *112from the occasion. The issue is not to be considered as having been made up before the disputation was exhausted; and it must be a strange rule of pleading that would preclude a party who had admitted the truth of an averment, from alleging something in turn to avoid its effect. At the time…

2Cited by2 opinions

  1. Magee v. MageeSupreme Court of Pennsylvania · 1840
  2. Allison v. JamesSupreme Court of Pennsylvania · 1840

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