Knowles v. Jacobs

Citations

• 4 Pa. Super. 268
• 1897 Pa. Super. LEXIS 116

Syllabus

<p>Appeals — Form of feigned issue not reviewable.</p> <p>A feigned issue is in form a complete action, and whether it shall be granted is 1 argely a matter of discretion with the court. It is to be molded as the court dictates, and the mode in which this is done is not the subject of a writ of error.</p> <p>Feigned issue — Evidence must conform to the pleadings.</p> <p>An insurance company being liable on a policy of insurance and the money having been paid into court an issue was framed as between plaintiff and defendant, each claiming the insurance money, to determine the right to it. Held, that evidence to prove that plaintiff and defendant agreed that each party should have one half the insurance was properly rejected under the pleadings and that, no further evidence being offered, the court properly instructed the jury that the offer failed to show “ that the plaintiff is entitled to the insurance money” and that there was no error in directing a verdict for the defendant who was the nominated beneficiary under the policy.</p>