Gibson v. Rowland

Citations

• 35 Pa. Super. 158
• 1908 Pa. Super. LEXIS 4

Syllabus

<p>Evidence — Record—Quasi admission — Case stated — Special verdict— Pleadings.</p> <p>Where a case is stated to procure the judgment of a court on certain facts submitted, effect is not to be given to it beyond those facts, and certainly not to compromise a title springing from a different condition of things. It is not even evidence, in a subsequent proceeding, of the facts stated, for circumstances may be conceded as existing to raise a question of law, without intending to admit them as true, and even without believing them. The same rule applies to a special verdict where the facts are assented to by both sides, and then put into the form of a jury’s finding.</p> <p>Pleadings are conclusive in their nature; but that effect is confined to' the cause in which they are made. When used in other causes as ordinary admissions, they are of course not conclusive.</p> <p>Where the quasi admissions of a vendor are not conclusive but only adverse testimony to go to the jury, subject to any explanations, a fortiori, the court cannot declare, as a matter of law, that such admissions are conclusive against the vendee.</p> <p>Evidence — Ejectment—Judgment—Persuasive evidence.</p> <p>In an action of ejectment where the court admits the evidence of a former judgment, although obtained by default, in an action between the predecessors in title of the parties to the ejectment as persuasive evidence in favor of the defendant in the ejectment, the court is not obliged to charge that such a judgment might aloné entitle the defendant to recover, and this is especially so if there is nothing to indicate that the court may not have regarded the case as a doubtful one.</p>