Himblewright v. Armstrong

Supreme Court of Pennsylvania
Himblewright v. Armstrong, 25 Pa. 428 (Pa. 1855)
Knox

Himblewright v. Armstrong

Opinion of the Court

The opinion of the Court" was, delivered by

Knox, J.

We can see no reason why Samuel Crawford-was mot-a competent witness .for the defendant, Armstrong.- True, hewab the equitable party-when-the judgment-was obtained] arid he- had transferred it to Himblewright-; but he was not interested in favour: of the defendant, and there is no rule of policy which prohibits the assignor of a judgment from- testifying when called by the defendant. His interest, if-he had-any-, was against the party calling, him;, and-as he made no objection-to-being sworri, his assignee cannot .complain of his .admission as a -witness.

Whether the statement of James Potts before Judge, Williams* was or was not legal, evidence in this suit, depends much" upon -the nature and character of the statement, and. upon the other 'evidence which had been previously given by the defendant: As the

plaintiff in error has neither given us the evidence, the reception of which forms his bill of exceptions,' nor: that which preceded it,' his.allegation, of error is not sustained,- In the absence of'what should be upon the paper-book, the presumption is of the strongest kind against the party who fails to put- it- there., It is the duty, off the plaintiff; in- error to furnish us with all - the evidence in: the» case-which can in any degree elucidate, the points--raised -by the' assignments-of error; and if he does not do so,- his chance for a reversal is a.desperate one.

Judgment affirmed.

Reference

Full Case Name
Himblewright versus Armstrong
Status
Published