Guernsey v. Froude

Citations

• 13 Pa. Super. 405
• 1900 Pa. Super. LEXIS 169

Syllabus

<p>Conditional delivery of lease — Question for jury.</p> <p>A voluntary delivery of a lease is as necessary a part of a transaction as is affixing of signatures to it, and whether, under all the evidence, it was delivered as the consummation of the contract or upon condition, is for the jury to decide.</p> <p>Evidence — Married woman as toitness — Husband and wife as witnesses.</p> <p>A married woman is a competent witness, subject to the limitations mentioned in clauses b and c of section 5, of the Act of May 23, 1887, P. L. 158, hence, when husband and wife testify in favor of the opening of a judgment against one of them, their testimony is to be considered that of two interested witnesses.</p> <p>Attacking a judgment — Measure of proof — Charge of court.</p> <p>Where a woman seeks to be relieved from liability under a judgment in an issue which attacks its original foundations, the measure of proof should be clear and satisfactory; it must exclude reasonable suspicion, and for the court to charge that a fact must be established by the weight of the evidence is not equivalent to saying that it must be established by clear and satisfactory evidence.</p>