Browarsky's Estate

Citations

• 252 Pa. 35
• 97 A. 91
• 1916 Pa. LEXIS 565

Syllabus

<p>Practice, Supreme Gourt — Appeals—Assignments of error — Defective assignments.</p> <p>1. Assignments of error should set out the very words of the court as they appear upon the record; when stated merely in the language of the appellant they are defective. Assignments setting forth extracts from the opinion of the lower court hut not showing that exceptions were taken to the portions of the opinion quoted are defective.</p> <p>2. An assignment is defective which assigns for error the final decree of the court below dismissing exceptions to a decree hut which fails to set out the exceptions which were dismissed.</p> <p>Courts — Decrees—Collateral attack — Feme sole trader — Conclusiveness of ceritificate issued by Common Pleas — Binding effect of decree — Drunkenness of husband — Continuance of family relations —Decedents’ estates — Husband’s right of curtesy — Acts of February 22,1718,1 8m. L. 99, and May k, 1855, P. L. 1/80 — Evidence.</p> <p>3. The judgment of every court on a subject within its jurisdiction is conclusive and binding on all other courts, except those only before which it comes by appeal, certiorari, or writ of error.</p> <p>4. Where a married woman is declared a feme sole trader by decree of a Court of Common Pleas in proceedings under the Acts of February 22, 1718, 1 Sm. L. 99, and May 4, 1855, P. L. 430, the certificate issued to her in accordance with such decree is conclusive evidence of her authority to act as a feme sole trader until revoked by the authority from which it emanated, and another court has no power to make collateral inquiry into the ground upon which the certificate was issued.</p> <p>5. In such a proceeding it is not necessary that desertion should be averred; a petition is sufficient which alleges that for four years the petitioner’s husband had been indulging to excess in the use of intoxicating liquors, s.o as to unfit himself to conduct business, and to so impair his mind as to cause him to become involved in difficul