Thomas v. Butler

Citations

• 24 Pa. Super. 305
• 1904 Pa. Super. LEXIS 173

Syllabus

<p>Husband and wife — Execution—Sale of wife’s property — Evidence—Declarations of husband.</p> <p>On the trial of a feigned issue framed under a sheriff’s interpleader act to try the title to goods levied upon as belonging to a husband, but claimed by his wife, declarations of the husband, made in the absence of the wife and after the levy, to the effect that the goods were his, and that he had made a bill of sale of them to his wife to keep creditors from selling him out, are inadmissible, he being neither a witness nor a party to the issue: Thomas v. Butler, 16 Pa. SuperiorCt. 228, distinguished.</p> <p>In such a case where it appears that the bill of sale to the wife covered personal property on a farm, and the wife testifies that after the bill of sale she conducted the farm, and that her husband did nothing without her permission, it is not error to reject an offer to prove that a store account for purchases of articles for use on the farm was continued in the name of the husband, and that he paid for the same, where there is nothing to show that the articles purchased by the husband, were involved in the case.</p> <p>Trial — Instructions—Points—Charge.</p> <p>Where á point presented by a party at a trial is in clear conflict with a decision of the Supreme Court, and the court might refuse it, without saying more, it is not prejudicial error for the court to sustain its instructions by reading to the jury a pertinent portion of the opinion of the Supreme Court.</p> <p>Husband and wife — Evidence—Declarations of husband — Estoppel.</p> <p>The fact that a wife does not deny statements made by her husband in her presence, and adverse to her property rights, will not estop the wife thereafter from asserting title to the property referred to in the statements.</p> <p>A party, upon request made to the court, is entitled to a clear and distinct instruction on the rule of law applicable to his case, and it is error in the court either to omit to give it, or to give it