Little v. Fearon

Citations

• 49 Pa. Super. 634
• 1912 Pa. Super. LEXIS 384

Syllabus

<p>Appeals — Assignments of error — Answers to points — Charge—Failure to ash instructions.</p> <p>1. Assignments of error are fatally defective which are in the following form: “1. The learned cburt erred in giving binding instructions to find for the defendant. 2. The learned court erred in directing the jury as to the amount of the verdict. 3. The learned court erred in failing to leave to the determination of the jury the question of fact as to the title of the goods. 4. The learned court erred in failing to leave to the jury the determination of the value of the goods. 5. The learned court erred in failing to give binding instructions to the jury in favor of the plaintiff.”</p> <p>2. Assignments of error are defective which fail to set out the points and answers, or findings of the charge of the court totidem verbis.</p> <p>3. Specifications of error are defective which challenge in general terms the charge of the court in not deciding given questions of law, without reciting the charge, or disclosing specific requests to so charge.</p> <p>4. Error cannot be assigned of what was not said by the judge below without a request to so charge.</p> <p>5. Assignments of error are an essential part of the pleadings, and as such they should be so complete in themselves as to show the judgment or decree of the court without reference to any other part of the record, which is remitted to the court below after the disposal of the appeal.</p> <p>Sale — Transfer of possession — Husband and wife — Interpleader.</p> <p>6. A bill of sale of household furniture by a husband to. his wife executed the day after a verdict was rendered against the husband, but without any removal of the furniture from the dwelling house in which the husband and wife reside, or any other transfer of possession to the wife, will not give the wife title to the furniture as against an execution issued on the judgment entered on the verdict against the husband, although the wife credits the consideration