Skinner v. Robeson
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Franklin county. It appeared to be an action of slander. The teste of the writ was 10th April 1802, returnable on the first Monday in August following; and the plaintiff’s declaration laid the words to have been spoken on thé 1st May 1802. The jury found a verdict for the plaintiff with 1200 dollars damages.
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Writ of error to the Common Pleas of Franklin county. It appeared to be an action of slander. The teste of the writ was 10th April 1802, returnable on the first Monday in August following; and the plaintiff’s declaration laid the words to have been spoken on thé 1st May 1802. The jury found a verdict for the plaintiff with 1200 dollars damages. By a memorandum subjoined to the record, the prothonotary certified, that the writ issued on the 22d April 1802. Reasons in arrest of judgment were filed, and the Court of Common Pleas arrested the judgment on the ground of the words spoken having been…
1Opinion of the Court
*Tilghman, C. J.
delivered the opinion of the court. 3"-I It does not appear to the court upon the record when the writ issued in this action. We cannot regard the certificate of the prothonotary upon the present argument. It was incumbent on the defendant during the trial, to object to testimony of words spoken af-ter the institution of the suit, and to have ascertained when the writ issued, as a fact. That subject is not now open to inquiry.
It is an invariable rule, with regard to arrests of judgment upon matter of law, that whatever is alledged in arrest of judgment must be such matter as…
2Cited by4 opinions
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
- Ross v. BarkerSupreme Court of Pennsylvania · 1836
- Church v. Northern Central RailwaySupreme Court of Pennsylvania · 1863
- Wanamaker v. Beamesderfer, Pennsylvania Court of Common Pleas, Dauphin County1923