Dosch v. Diem

Citations

• 176 Pa. 603
• 35 A. 207
• 1896 Pa. LEXIS 1116

Syllabus

<p>Practice — Evidence—Landlord and tenant.</p> <p>In an action to recover damages for goods destroyed in an alleged wrongful eviction, the plaintiff may be permitted to introduce in evidence in support of his title to the goods the record of a feigned issue in which the goods were adjudged to him, and this is especially the case where he offers to show that the defendant was the real party in interest in the feigned issue, although not a party of record.</p> <p>In an action to recover damages for an alleged wrongful eviction, the plaintiff claimed that he was in possession of the premises under an oral lease. The defendant claimed that plaintiff’s father was in possession under a written lease. Plaintiff’s father testified that he had heard plaintiff and defendant make the oral lease. On cross-examination the father was asked whether he had not taken out insurance on the property on the premises in his own name after possession had been taken. Held, that the question was allowable for the purpose of laying a foundation for attacking the witness’s credibility. Held also, that it was proper to admit evidence tending to contradict the witness as to the insurance.</p> <p>Landlord and tenant — Evidence—Wrongful eviction.</p> <p>In an action to recover damages for a wrongful eviction where the plaintiff claims under an oral lease from the defendant, and the defendant claims that plaintiff’s father was in possession of the premises under a written lease, declarations of the father made in the absence of the son are not evidence as against the son’s title. In such a ease, to show that the son at times heard of the declarations of his father made to third parties did not impose upon him the duty of denying them and accusing his father of falsehood ; and. such declarations could not have the effect of destroying the son’s title if it was otherwise good.</p> <p>Practice, G. P. — Trial—Order of testimony — Discretion of court.</p> <p>The order in which testimony is admitted is