Behrens v. Mountz

Citations

• 37 Pa. Super. 326
• 1908 Pa. Super. LEXIS 285

Syllabus

<p>Trial — Improper remark of counsel — Continuance—Discretion of court —Review.</p> <p>The appellate court will not review the discretion of a trial judge in refusing to withdraw a juror and continue the case on account of an improper remark of counsel, where it appears that such remark was at once withdrawn upon objection, and that the court instructed the jury that they must not regard it.</p> <p>Evidence — Contemporary writings — Notice to produce — Admission of writing in evidence.</p> <p>Where two notices to quit possession are contemporary writings, the counterparts of each other, one of which was delivered and the other preserved, they may both be considered as originals and the one which was preserved may be received in evidence without notice to produce the one which was delivered.</p> <p>Trespass — Eviction—Illegal eviction — Possessory action.</p> <p>Where an unlawful eviction is effected under the form of a possessory action, the person who makes complaint is liable in damages for the trespass, although he may have instituted the proceeding at the instance of another person.</p> <p>Trespass — Unlawful eviction — Evidence—Matter immaterial to the issue.</p> <p>In an action of trespass to recover damages for an illegal eviction, it is error to admit letters indicating a willingness upon the part of the plaintiff to move out if she were paid a sufficient sum to recompense her for so doing, but in no way indicating that she did not assert that she had the right to remain.</p> <p>In such a case if the plaintiff denies having written the letters, it is not competent for the defendant to produce evidence contradicting ' her on that immaterial matter, and if such evidence is admitted it is error for the court to charge the jury that if they found that the plaintiff willfully perjured herself by the denial of the letters, then this would properly tend to discredit her claim and justify the conclusion that her testimony should be disregarded.</p> <p>Trial — Charg