Farley v. Tillar

Citations

• 81 Va. 275
• 1886 Va. LEXIS 96

Syllabus

<p>1. Appellate Court—New trial—Certificate of evidence—Rule.— Where bill of exceptions to opinion of court below refusing new trial, sets out the evidence, and not the facts, this court will not reverse the judgment, unless, after rejecting all the exceptor’s parol evidence, and giving full faith to that of the adverse party, the said judgment still appears to be wrong.</p> <p>2. Married Women’s Act—Parties— Witnesses.—Under act, approved April 4,1877 (Acts 1876-77, p. 333), a married woman may sue and be sued, on her contracts, as to her separate property, and as sole trader, just as if she were a feme sole; but her husband must be joined with her in the suit. In such suit, she is a competent witness for herself, but he is not for her. Hayes and Wife v. M. P. A., 76 Va.. 228.</p> <p>3. Idem—Practice at common law—Instructions.—At trial of unlawful detainer against a married woman, under that act, her husband being joined, it is not error for the court to instruct the jury that no verdict or judgment can be rendered against him in the action ; nor that, if they believe from the evidence that she, as such sole trader, had rented and taken possession of the property, and un awfully withholds it from plaintiff, they shall find for plaintiff; but that the burden is on plaintiff to prove these facts. Nor is it error to reject an instruction that under said act every contract of married women is invalid, unless joined in by her husband ; nor instructions as to husband’s being in possession of the property before suit, and holding on up to trial, lawfully or unlawfully, and as to the defendants’ right to a verdict because husband was not allowed to testify and prove his own possession; nor instructions not relating to any evidence in the ease.</p>