Springer v. Stiver

Citations

• 16 Pa. Super. 184
• 1901 Pa. Super. LEXIS 40

Syllabus

<p>Practice, C. P. — Trial—Charge of court — Comment on testimony.</p> <p>It is not error for a trial judge to comment on the testimony of a witness, and to call attention to its inherent probability or improbability, provided he does it fairly, and leaves the question of his credibility to the jury.</p> <p>In an action of assumpsit for board and lodging, where the defendant alleges that he loaned money to the husband of plaintiff to buy the farm upon which plaintiff lived with her husband, and that a part of the transaction was that he should receive board and lodging free when in the neighborhood, the court may in its charge call the jury’s attention to the fact that when the loan was made the husband agreed to pay interest upon it.</p> <p>Husband and wife — Boarding house — Mortgage—Interest.</p> <p>That fact that a husband permits his wife to keep boarders and to receive the pay therefor, does not impose on her an obligation to pay the interest on a mortgage on the premises given for a loan to her husband; nor is such an arrangement a fraud on the mortgagor which he can set up as a defense to an action by the wife against him for board and lodging.</p> <p>Practice, C. P. — Trial—Sending out paper with jury — Appeals—Assignments of error.</p> <p>The Superior Court will not consider an assignment of error based on certain instructions of the trial judge as to a paper sent out with the jury, where the paper does not appear in the record.</p> <p>Appeals — Assignments of errors — Bule 16 of the Superior Court.</p> <p>An assignment of error which omits a part of a sentence in the charge, which explains the part assigned for error, violates Rule 16 of the Superior Court, and will not be considered.</p>