Brinks v. Heise
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 97. Attachment execution sur judgment, issued by Heise & Kauffman against J. B. Reynolds, defendant, and A. H. Brinks, garnishee.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 97. Attachment execution sur judgment, issued by Heise & Kauffman against J. B. Reynolds, defendant, and A. H. Brinks, garnishee. Plea, nulla bona. ' On the 2d of October 1872, Brinks entered into a contract to grade sections 6 and 7 of the Columbia and Port Deposit Railroad, and on-the 9th of January 1873 contracted in writing with Reynolds to grade part of section 7. On the day of its date the following agreement ivas entered into:— “Article of agreement made this 29th day of October A. D. 1873, between A. H.…
1Opinion of the CourtJustice Woodward
It is not apparent how any hazard of mistake or injury was incurred by the permission given to recall Frank P. Day for cross-examination. He was the subscribing witness to the agreement between Reynolds, Brinks and Baldwin, and the question put to him was, whether or not payment of part of the consideration for the agreement was made at the time of its execution. In regular order, the cross-examination should have been closed before the paper was read, but its admission or rejection could have been in no manner controlled by the new evidence. Offered at any stage of the trial, the effect of…
2Cited by4 opinions
- Commonwealth v. StrantzSupreme Court of Pennsylvania · 1937
- Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
- Howard v. FlaniganSupreme Court of Pennsylvania · 1936
- Quirk v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1900