Legal Opinion

Kimmel v. Kimmel

Supreme Court of Pennsylvania

Decided September 15, 1817PublishedCited by 6 opinions

In Error.' ERROR to the Court of Common Pleas of Somerset county, in which a bill of exceptions was returned. To impeach the character of Peter Kimmel, a subscribing witness to the note on which the suit was brought, Jonathan Boyd was called, who testified, “ that he had known Peter “ Kimmel for eighteen or twenty years; that he had lived at “ one time within four miles of him; that he had bought “ goods from him, and paid him, and that he had no know“ledge of his general…

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In Error.' ERROR to the Court of Common Pleas of Somerset county, in which a bill of exceptions was returned. To impeach the character of Peter Kimmel, a subscribing witness to the note on which the suit was brought, Jonathan Boyd was called, who testified, “ that he had known Peter “ Kimmel for eighteen or twenty years; that he had lived at “ one time within four miles of him; that he had bought “ goods from him, and paid him, and that he had no know“ledge of his general character but by report.” The defendant then proposed to ask the witness the following question, “ What is the general…

1Opinion of the Court

Gibson J. Gibson J.

Although the very nice and subtle distinction Although the very nice and subtle distinction taken below, cannot in this case be sustained, I admit there may be cases where even evidence of character may be excluded, on account of its being hearsay, and not the best of taken below, cannot in this case be sustained, I admit there - may be cases where even evidence of character may be excluded, on account of its being hearsay, and not the best of *337which the nature of the case is susceptible; as where the witness may have never been.in the neighbourhood in which' the person,…

2Cited by6 opinions

  1. Bucklin v. StateOhio Supreme Court · 1851
  2. Chess v. ChessSupreme Court of Pennsylvania · 1829
  3. Wike v. LightnerSupreme Court of Pennsylvania · 1824
  4. Commonwealth v. FultonSupreme Court of Pennsylvania · 2003
  5. Commonwealth v. FultonSupreme Court of Pennsylvania · 2003

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