Commonwealth ex rel. Beale's v. Henderson

Supreme Court of Pennsylvania

Commonwealth ex rel. Beale's v. Henderson

1 Pen. & W. 401

DecidedJune 15, 1830

StatusPublished

This text of 1 Pen. & W. 401 (Commonwealth ex rel. Beale's v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Beale's v. Henderson, 1 Pen. & W. 401 (Pa. 1830).

Pincite

Opinion

Per Curiam.

The judgment of the court of Common Pleas is reversed, because the court left the determination of the law to [402]*402the jury. It is apparent that the'plaintiff is ehtitled to, at least, nominal damagesnotwithstanding which the court left it to the jury to say whether the plaintiff was entitled to one farthing; and instructed them that if they Believed Beale was satisfied, they might find a general verdict for the defendant. In this there was manifest error.

Judgment reversed, and a venire de nemo awarded.

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Per Curiam.

The judgment of the court of Common Pleas is reversed, because the court left the determination of the law to [402]*402the jury. It is apparent that the'plaintiff is ehtitled to, at least, nominal damagesnotwithstanding which the court left it to the jury to say whether the plaintiff was entitled to one farthing; and instructed them that if they Believed Beale was satisfied, they might find a general verdict for the defendant. In this there was manifest error.

Judgment reversed, and a venire de nemo awarded.

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Bluebook (online)

1 Pen. & W. 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-beales-v-henderson-pa-1830.