Legal Opinion

Cunningham v. Jordan

Supreme Court of Pennsylvania

Decided September 15, 1845Published

In Error. Error to the Common Pleas of Fayette county. This was an action of ejectment for eighty acres of land, and was tried before a special court, Grier, President. Upon the trial, the plaintiff offered in evidence the deposition of one Robert Wilson, taken under a commission to Ohio.

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In Error. Error to the Common Pleas of Fayette county. This was an action of ejectment for eighty acres of land, and was tried before a special court, Grier, President. Upon the trial, the plaintiff offered in evidence the deposition of one Robert Wilson, taken under a commission to Ohio. This was objected to by the counsel of the defendant, on the ground that notices of the rule to take depositions and a copy of the interrogatories had not been served on the defendant, who resided in the county, as required by the rule of'court Notice was served on his counsel. To this it ivas answered, that…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

After looking into the evidence and comparing it with the charge, I see no grounds whatever for the exception, that the court presented only such portion of the testimony as operated in favour of the defendant. The charge contains a plain statement of the case, with a clear and able exposition of the law, including the instruction in relation to the former verdict and judgment, and their instructions to the jury upon, parol sales of lands. It contains also a pertinent application of the law to the evidence. Every position taken in the cause…

2Cases cited1 opinion

  1. Newlin v. NewlinSupreme Court of Pennsylvania · 1822

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