Dougherty v. Lehigh Coal & Navigation Company

Citations

• 202 Pa. 635
• 52 A. 18
• 1902 Pa. LEXIS 576

Syllabus

<p>Evidence — Res adjudicata — Estoppel— Verdict — Judgment.</p> <p>Ko question becomes res adjudicata until it is settled by a final judgment. For this reason the verdict of a jury is not admissible as evidence to create an estoppel before it has received the sanction of the court by passing into a judgment. Until then, it is liable to be made nugatory by an order arresting judgment or granting a new trial.</p> <p>In an action by an administrator on a certificate of indebtedness issued by a corporation, where a third party intervenes as a party defendant, and claims ownership of the certificate as a gift from the decedent, such intervening party is not entitled to offer in evidence a verdict in her favor in an action of trespass brought against her by the administrator for her alleged unlawful detention of the certificate,where it appears that no judgment had been entered upon such verdict.</p>