Ford v. Neely

Citations

• 59 Pa. Super. 652
• 1915 Pa. Super. LEXIS 136

Syllabus

<p>Husband and wife — Action against — Trespass by husband — Costs.</p> <p>1. In an action of assumpsit against a husband and wife to recover for the plaintiff’s share of hay produced on land owned in common by the plaintiff and the woman defendant, no recovery can be had against the latter, where it appears that her husband cut and removed the hay, and that the wife was no party to it, had no knowledge of it and had never assumed to pay for the hay thus cut.</p> <p>2. In such a case where there was an award by arbitrators against both defendants, and an appeal to the common pleas is taken from the award by the wife only, and a jury is sworn as to the wife only, the plaintiff cannot after a verdict and judgment for the wife claim that the latter should pay the costs of the suit.</p>