Musser v. Gardner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clarion county: No. 24, to October and November Term 1870. William Gardner and Ellen his wife in her right, brought an action of replevin May 22d 1867, against John Musser, for one mare, one horse, one cow, one wagon and one set of harness, of the value of $300. The defendant pleaded “ property.” The allegation was that the property, which had been sold by the husband to the defendant, belonged to the wife.
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Error to the Court of Common Pleas of Clarion county: No. 24, to October and November Term 1870. William Gardner and Ellen his wife in her right, brought an action of replevin May 22d 1867, against John Musser, for one mare, one horse, one cow, one wagon and one set of harness, of the value of $300. The defendant pleaded “ property.” The allegation was that the property, which had been sold by the husband to the defendant, belonged to the wife. On the trial, December 9th 1869, before Campbell, P. J., the plaintiff, without proof or affidavit, was allowed to amend by striking the husband’s…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Thompson, C. J.
— There is nothing in the first and second assignments of error which needs discussion. Wé are to presume there was sufficient before the court to justify it in allowing the amendment of the records by striking out the name of William Gardner as a plaintiff. It was proper that it should be so done. Mrs. Gardner, the meritorious plaintiff, was entitled to sue in her own name, for her own property, as she had been declared by a decree of the court, made more than two years before, to be a feme sole trader, according to…
2Cases cited2 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Willis v. DunOhio Supreme Court · 1832
3Cited by5 opinions
- Logan's EstateSuperior Court of Pennsylvania · 1920
- Sayler v. WalterSuperior Court of Pennsylvania · 1906
- Cunningham v. Crucible Steel Casting Co.Superior Court of Pennsylvania · 1914
- Heltzel's EstatePennsylvania Orphans' Court, Bedford County · 1945
- Sernovits v. Roberts, Pennsylvania Court of Common Pleas, Bucks County1961