Quinn v. Crowell
Supreme Court of Pennsylvania
in error. Error to the District Court for the- City and County of Philadelphia, to remove the record of an action on the case brought by Smith Crowell against William Quinn, Charles Quinn, and William Quinn, Jr. for a malicious prosecution.
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in error. Error to the District Court for the- City and County of Philadelphia, to remove the record of an action on the case brought by Smith Crowell against William Quinn, Charles Quinn, and William Quinn, Jr. for a malicious prosecution. On the trial in the Court below, before Jones, J. it appeared that the plaintiff had been in the employment of William Quinn, Sen., who kept a large clothing store, and had been indicted in the Mayor’s Court for the larceny of a sum of money. After the plaintiff had gone through his case, the défendants called one David Hazzard, and proposed to examine…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J. —
There is no precedent for a bill of exceptions in the case of introductory evidence to the court, where the evidence in chief was properly admitted or excluded; and in Brown v. Downing, (4 Serg. Rawle, 494,) it was ruled that it does not lie. A formal bill of exceptions to evidence admitted, asserts that it was given to the jury, Allen v. Rostain, (11 Serg. & Rawle, 374;) whence it is inferable that the improper admission or rejection of evidence not in chief, is not a subject of error. The question regards not the regularity of the…
2Cases cited1 opinion
- Allen v. RostainSupreme Court of Pennsylvania · 1824
3Cited by2 opinions
- Commonwealth v. LehmanSupreme Court of Pennsylvania · 1932
- Finlay v. StewartSupreme Court of Pennsylvania · 1867