Seibert v. Price
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. George Price against Jacob Seibert. This was an action against the defendant for a malicious prosecution of the plaintiff for perjury. The court thus instructed the jury: The jury is referred to the testimony of Ulrich and Stine, who were present when the plaintiff was examined as a witness before the jury in the matter of lunacy.
Read the full summary
ERROR to the Common Pleas of Lebanon county. George Price against Jacob Seibert. This was an action against the defendant for a malicious prosecution of the plaintiff for perjury. The court thus instructed the jury: The jury is referred to the testimony of Ulrich and Stine, who were present when the plaintiff was examined as a witness before the jury in the matter of lunacy. And if the jury are satisfied from the evidence, that upon that occasion George Price, the plaintiff, did swear that William Seibert was called and examined as a witness for his brother Jacob in the suit between him and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The Judge put the question of probable cause upon the fact of what the plaintiff had actually sworn before the inquest, and not on the fact of what he was supposed to have sworn. It was a matter of much doubt at the trial of the present cause, whether he had said that the alleged lunatic had been called as a witness in Schoch v. Seibert by the defendant, or not; insomuch, that the witnesses who swore positively about it were divided, even insomuch, that a majority were in favour of the affirmative. In this conflict of perception, then,…
2Cited by12 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Cullen v. HanischWisconsin Supreme Court · 1902
- Gilliford v. WindelSupreme Court of Pennsylvania · 1885
- Commonwealth v. StoreySuperior Court of Pennsylvania · 1912
7 more not listed; retrieve them via the Exa API.