Cadbury v. Nolen
Supreme Court of Pennsylvania
In error from the Common Pleas of Clearfield. May 28. This was an action of replevin for four rafts of timber, of which, defendant claimed title as a purchaser, under executions against Ralston, one of which issued at the suit of the defendant. For the purposes of the decision here it is necessary to set out the evidence given in the cause at unusual length.
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In error from the Common Pleas of Clearfield. May 28. This was an action of replevin for four rafts of timber, of which, defendant claimed title as a purchaser, under executions against Ralston, one of which issued at the suit of the defendant. For the purposes of the decision here it is necessary to set out the evidence given in the cause at unusual length. The plaintiff gave evidence of the possession of the property by P. Nolen, and sale by him to his brother, the plaintiff. P. Nolen, having been released from any warranty of title, stated under objection, that he had been a partner with…
1Opinion of the CourtCoulter, J.
The first exception is without any merit. The names of witnesses, so far as I know, are not inserted in the notice anywhere, and the rule of the court in the district does not require it to be done.
The second exception, which relates to the admission of Patrick Nolen as a witness, was properly considered as a matter affecting his credibility more than hiS competency. There was evidence that he had sold the rafts to James, and however strong the evidence was, even at that preliminary examination, that the affair was a fraud, yet the witness had no direct interest in the event of the suit,…
2Cases cited4 opinions
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
- Clow v. WoodsSupreme Court of Pennsylvania · 1819
- Carpenter v. MayerSupreme Court of Pennsylvania · 1836
- Avery v. StreetSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- In Re MessengerDistrict Court, E.D. Pennsylvania · 1940
- Notley v. Orr, Pennsylvania Court of Common Pleas, Blair County1922