Sayler v. Walter

Citations

• 30 Pa. Super. 370
• 1906 Pa. Super. LEXIS 77

Syllabus

<p>Evidence — Husband, and wife — Witness—Separate property.</p> <p>In an action brought to recover damages for an alleged tortious conversion of personal property, the mere fact that the plaintiff admits in his preliminary examination that both he and his wife, who is not a party to the suit, claim the property in dispute, does not disqualify him to testify on his own behalf and in support of his claim of exclusive ownership of the goods.</p> <p>In such a case the plaintiff does not become disqualified because the defendant subsequently and in the development of his own case, testifies that he took the chattels by direction of the plaintiff’s wife who claimed to be the owner of them. The plaintiff should be permitted to testify subject to the power of the court to take such action regarding his testimony as the facts subsequently developed in the trial might warrant.</p> <p>In the enactment of sec. 4 of the Act of June 8, 1893, P. L. 344, the legislature did not have in view a proceeding in which only husband or wife was a party and in which no judgment or decree could be entered that could be pleaded as res adjudicata in a subsequent controversy between them involving the same subject-matter.</p>