Odenheimer v. Stokes
Supreme Court of Pennsylvania
THIS was an action brought by Stokes and others against Odenheimer, Shaw & Co. on a promissory note purporting to be drawn by the defendants, of whom John W. Odenheimer alone was served with the writ, and filed the following affidavit of defence : “ John W. Odenheimer being duly affirmed, says that he has a good defence to the whole of the plaintiff’s demand in the above action, the nature and character of which is as follows: That the note filed in this cause, was given…
Read the full summary
THIS was an action brought by Stokes and others against Odenheimer, Shaw & Co. on a promissory note purporting to be drawn by the defendants, of whom John W. Odenheimer alone was served with the writ, and filed the following affidavit of defence : “ John W. Odenheimer being duly affirmed, says that he has a good defence to the whole of the plaintiff’s demand in the above action, the nature and character of which is as follows: That the note filed in this cause, was given without the knowledge or consent of this deponent; that it was not given for or upon account of the firm of Odenheimer,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The distinction between a rule of court which tends to alter the law of evidence, and one which is established merely for the regulation of practice, is strikingly illustrated in the two cases on this subject decided in the Supreme Court of the United States. In Doe v. Wenn, (5 Pet. S. C. Rep. 233), it was held that the Circuit Court could not by rule of court change the right of a party to introduce secondary proof of a writing alleged to be lost; and therefore a rule requiring the oath of the party, in addition to the usual proof, was…
2Cases cited2 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Vanatta v. AndersonSupreme Court of Pennsylvania · 1811
3Cited by3 opinions
- Standard Underground Cable Co. v. Johnstown Telephone Co.Superior Court of Pennsylvania · 1904
- Cummings v. BradleySupreme Court of Alabama · 1876
- Roberts v. WhiteSupreme Court of Rhode Island · 1911