Evans v. Cleary

Citations

• 125 Pa. 204
• 23 W.N.C. 509
• 17 A. 440
• 1889 Pa. LEXIS 707

Syllabus

<p>1. The act of April 11, 1848, P. L. 536, which secures to married women the ownership and enjoyment of their separate property and subjects it to seizure for their debts contracted after marriage for necessaries, renders legacies and distributive shares due to married women subject to seizure by foreign attachment, thus repealing the proviso to § 1, act of July 27, 1842, P. L. 436.</p> <p>2. Where a contract is made by a married woman in a state under the laws of which a recovery may be had thereon against her alone, without joining her husband, it is not necessary in a proceeding in this state to enforce such judgment against her, to join the husband as a co-defendant, although the proceeding be instituted prior to the act of June 3, 1887, P. L. 332.</p> <p>3. In an action of debt based upon a transcript of the record of a judgment obtained before a justice of the peace in another state, duly certified as required by § 4, act of February 27,1845 P. L., 73, the transcript is prima facie evidence of the defendant’s liability upon a contract debt which has become merged in a judgment.</p> <p>4. In the absence of proof of a statute of the foreign state which puts a judgment obtained before a justice there, upon the same footing with a simple contract debt as to the statute of limitations, the law of that state will be presumed to be the same as ours and the statute of limitations will not be held to bar an action on the transcript at the end of six years from the entry of the judgment.</p>