Martin v. Rutt

Citations

• 127 Pa. 380
• 17 A. 993
• 1889 Pa. LEXIS 1125

Syllabus

<p>1. In a feigned issue to try the title to goods levied up.on as belonging to a husband, but claimed by his wife, the declarations of the husband adverse to the claim of the wife, made in lier absence and after the levy, are not admissible upon any theory.</p> <p>2. As declarations, they are secondary, not being those of the plaintiff herself; as declarations of an agent they are incompetent, because not part of the res gestse; and finally, they are incompetent because they are the declarations of a husband against his wife.</p>