Stahr v. Brewer

Citations

• 186 Pa. 623
• 40 A. 1016
• 1898 Pa. LEXIS 1050

Syllabus

<p>Married woman — Confession of judgment — Presumption—Evidence.</p> <p>A judgment confessed by a married woman is now presumably valid ; and if she claims the protection of her condition of marriage, she must show affirmatively, not only the fact of marriage, but also the presence of those circumstances which relieve her from liability.</p> <p>Married women — Judgment—Striking off judgment.</p> <p>A judgment against a married woman can only be stricken off for defects appearing on the record. Such a judgment cannot be stricken off on the ground that there are no disputed questions as to the defendant’s liability to be submitted to a jury.</p> <p>Married women — Liability for debts of husband — Province of jury.</p> <p>The question of a married woman’s liability on a judgment should be submitted to a jury where the defendant alleges that the judgments were given to secure her husband’s debt, but the proof shows that the husband, with his wife’s general knowledge, conducted a business of buying, selling and improving real estate, taking the properties in his wife’s name, but without any money being contributed by her; that she did not have knowledge of the details of the business, but that whenever her name was wanted to be used in any of the transactions, she gave it willingly, upon his mere request.</p>