Rhinesmith's Case

Citations

• 25 Pa. Super. 300
• 1904 Pa. Super. LEXIS 58

Syllabus

<p>Auditors — Opening case — Additional testimony — Discretion.</p> <p>In a proper c%se upon a cause shown, it is within the sound discretion of an auditor to open the case to hear additional testimony after final arguments of counsel, and before his report is prepared.</p> <p>Husband and wife — Claim of wife against husband’s creditors-^-Evidence.</p> <p>The claim of a wife against her husband’s creditors must be established by clear and full proof that the property claimed was paid for out of her own separate estate; that she had the means of paying is not sufficient: it must appear that payment was made in fact. If the evidence is not only not cleai-, but contradictory, the claim should be excluded.</p>