Coles's Case

Citations

• 230 Pa. 162
• 79 A. 254
• 1911 Pa. LEXIS 583

Syllabus

<p>Married women — Husband and wife — Feme sole trader — Appeals— Certiorari — Evidence.</p> <p>1. An appeal by a husband from an order of court declaring his wife a feme sole trader is to be treated merely as a certiorari.</p> <p>2. An averment in a petition by a married woman to have herself declared a feme sole trader, of her husband’s desertion of her, gives the court jurisdiction.</p> <p>3. Where on a petition by a married woman to have herself declared a feme sole trader it appears that the husband had due notice of the hearing, and two responsible witnesses satisfy the court of the propriety of the petitioner’s application, the action of the court in granting the petition wall not be reversed. In such a case the question as to whether the wife was a competent witness is immaterial, and will not be considered by the appellate court, and this is especially so where no objection was made as to her competency in the lower court.</p>