Irwin ex rel. Simpson v. Reed

Supreme Court of Pennsylvania

Irwin ex rel. Simpson v. Reed

4 Yeates 512

CourtSupreme Court of Pennsylvania

DecidedJuly 15, 1808

StatusPublished

Cited by1 cases

This text of 4 Yeates 512 (Irwin ex rel. Simpson v. Reed) 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

Irwin ex rel. Simpson v. Reed, 4 Yeates 512 (Pa. 1808).

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Opinion

By the Court.

The testimony offered was clearly inadmissible as evidence, under adjudged cases, for the reasons which have been offered by the counsel for the defendants. We are obliged to proceed by the common law rules of evidence, however hard they may appear in a particular case. Upon the same principle of chancery practice, that these depositions were urged on the court, a party may insist on examining the defendants upon oath, and fully purge his conscience. This has never been done in Pennsylvania, and we cannot now set the precedent.

Judgment affirmed.

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By the Court.

The testimony offered was clearly inadmissible as evidence, under adjudged cases, for the reasons which have been offered by the counsel for the defendants. We are obliged to proceed by the common law rules of evidence, however hard they may appear in a particular case. Upon the same principle of chancery practice, that these depositions were urged on the court, a party may insist on examining the defendants upon oath, and fully purge his conscience. This has never been done in Pennsylvania, and we cannot now set the precedent.

Judgment affirmed.

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Bluebook (online)

4 Yeates 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irwin-ex-rel-simpson-v-reed-pa-1808.

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