Kervin v. Gale

Citations

• 73 Pa. Super. 557
• 1920 Pa. Super. LEXIS 66

Syllabus

<p>Judgments— Opening judgments — Contracts—Set-off—Insufficient proof.</p> <p>On the trial of a feigned issue on petition to open judgment a verdict for the defendant will be reversed, where the defense in the nature of set-off was that the defendant was indebted to the plaintiff by reason of a certain contract made with her husband, and the evidence completely failed to prove any contractual relations between the plaintiff and defendant, or to establish any agency on the part of the husband, as the representative of his wife.</p> <p>Practice, Superior Court — Assignments of error — Failure to take exceptions.</p> <p>An assignment of error to the admission in evidence of depositions cannot be considered on appeal, where no exception was taken in the court below.</p>