Magee v. Scott
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of trespass by Reuben C. Scott against Henry Magee, John A. Warner, and Jared Sandford, to recover the value of a horse attached by Sandford, as constable, by virtue of an attachment, in favour of Warner, against R. S. Montgomery. On the trial, the plaintiff proved the sale of the horse by J. W. Scott, to himself, and the taking pf it by Sandford.
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Error to the Common Pleas of Warren county. This was an action of trespass by Reuben C. Scott against Henry Magee, John A. Warner, and Jared Sandford, to recover the value of a horse attached by Sandford, as constable, by virtue of an attachment, in favour of Warner, against R. S. Montgomery. On the trial, the plaintiff proved the sale of the horse by J. W. Scott, to himself, and the taking pf it by Sandford. The defendants then gave evidence tending to prove that Montgomery had previously sold the horse to Warner. The plaintiff ■ then offered in evidence a transcript from the docket of…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J. —
It sometimes happens that, where rules and principles have long ceased to be controverted, their very existence is lost sight of, or it comes to be believed that, in the mutations of time and things, they too have fallen beneath this same irresistible power. It is the duty of courts to reclaim them, alike from innovations, and the efflux of time. Rules of evidence are the avenues to truth, and they should be followed. They are none the less to be respected because venerable from age. We think a well settled rule was lost sight of in the…
2Cases cited2 opinions
- Baird v. CampbellSupreme Court of Pennsylvania · 1842
- Katterman v. StitzerSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Commonwealth v. PearlmanSuperior Court of Pennsylvania · 1936
- Auslander v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1944
- Miller v. Brink, Pennsylvania Court of Common Pleas, Centre County1930