Duane v. Miercken
Supreme Court of Pennsylvania
Motion for a new trial, on which a rule to shew cause had been given. The suit was in trespass for an assault and battery, brought to September term 1800 ; and the defendant pleaded not guilty, with leave to give the special matters in evidence.
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Motion for a new trial, on which a rule to shew cause had been given. The suit was in trespass for an assault and battery, brought to September term 1800 ; and the defendant pleaded not guilty, with leave to give the special matters in evidence. After a trial had by the plaintiff against John Dunlap, who was implicated in the same trespass, it was agreed, that the other defendants, against whom separate suits had been brought, might plead any matter afterwards, which they might plead on the 9th December 1805. On the 1st March 1806, the following plea puis darrein continuance was filed. And…
1Opinion of the Court
Yeates, J.*
I feel myself as much bound by my official duty, to exercise a known legal discretion in the present instance, as in any case whatever, which can come before us. This verdict is opposed, as being plainly contrary to evidence. It has been stated by Judge Smith who tried the cause, that the testimony .given by the plaintiff, was expressly the same as that adduced in the trial against John Dunlap, and that he read it from his notes. Engle only was examined on the trial, and his testimony was # 1 *confined to the declarations of the defendant, after the 44 J commission of the act.
The…
2Cases cited1 opinion
- Keyser's AppealSupreme Court of Pennsylvania · 1850