Davidson v. McCandlish & Son
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1871, No. 67. This was an action originally brought before a justice of the peace by T. McCandlish & Son against Robert M. Davidson and Elizabeth his wife, for goods sold to the wife, with the purpose of charging her separate estate.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1871, No. 67. This was an action originally brought before a justice of the peace by T. McCandlish & Son against Robert M. Davidson and Elizabeth his wife, for goods sold to the wife, with the purpose of charging her separate estate. The justice having rendered judgment for the plaintiffs, the defendants appealed to the Court of Common Pleas, where the case was tried before Graham, P. J., on the 17 th of January 1871. The evidence for the plaintiff was that at the request of Mrs. Davidson, they sold her, about April 11th…
1Opinion of the Court
The opinion of the court was delivered, May 18th 1871, by
Asnew, J.
The bills of reception to the exception of evidence are presented imperfectly in the assignments of error; as if the evidence had been received generally, while each was materially qualified by the judge. In the first bill it appears that the evidence was received reserving its effect upon the recovery, and therefore the question of its effect was carried over into the charge. But there was direct evidence of the contract being made by Mrs. Davidson, she herself having purchased the goods. Her subsequent admissions were,…
2Cited by3 opinions
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- Marshall v. HillSuperior Court of Pennsylvania · 1915
- Hagedorn v. HaberSuperior Court of Pennsylvania · 1916