Miles v. O'Hara
Supreme Court of Pennsylvania
In Error. Error to the Common Pleas of Erie county. This was an action of assumpsit upon several bills of exchange, drawn by Miles, the defendant below, and protested for non-payment.
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In Error. Error to the Common Pleas of Erie county. This was an action of assumpsit upon several bills of exchange, drawn by Miles, the defendant below, and protested for non-payment. A. trial for the same cause of action, and between the same parties, bad already taken place in the Circuit Court before Judges Yeates and Smith, when a witness named John Park, since dead, was examined on behalf of O’Hara; and it was now offered on the same behalf to read to the jury a copy of the notes of Park’s testimony upon the former trial, certified by his Honor Judge Yeates, to be a true copy from his…
1Opinion of the Court
Tilghman 0. J.
On the arrival of this cause in the Common Pleas of Erie county, it became necessary for O’ Hara the plaintiff to prove what had been sworn by John Park a deceased witness, on a former trial before Judges Yeates and Smith. .For this purpose a copy of Judge Yeates’s notes was produced, certified by him to be a true copy. The evidence was excepted to by the defendant, and admitted by the court. The plaintiff in error contends that the evidence was inadmissible on two grounds. 1st, That the judge’s notes were not evidence without his oath. 2d, That if the notes had been evidence, a…
2Cited by8 opinions
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- Edwards v. GimbelSupreme Court of Pennsylvania · 1902
- Harger v. ThomasSupreme Court of Pennsylvania · 1863
- Hobson v. Doe, on the Demise of HarperIndiana Supreme Court · 1830
- Foster v. ShawSupreme Court of Pennsylvania · 1821
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