Martin v. Rutt
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTV. No. 218 July Term 1888, Sup. Ct.; court below, No. 52 June Term 1887, C. P. On June 20, 1887, an issue was formed, under the sheriff’s interpleader act, in which Lydia R. Martin and I). G. Hoffman were plaintiffs, and Jacob Rutt, Sr., defendant, to try the title to certain personalty levied upon by the sheriff as the property of D. G. Martin, Lydia R.’s husband, under a judgment by Rutt against Martin, hut claimed by…
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ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTV. No. 218 July Term 1888, Sup. Ct.; court below, No. 52 June Term 1887, C. P. On June 20, 1887, an issue was formed, under the sheriff’s interpleader act, in which Lydia R. Martin and I). G. Hoffman were plaintiffs, and Jacob Rutt, Sr., defendant, to try the title to certain personalty levied upon by the sheriff as the property of D. G. Martin, Lydia R.’s husband, under a judgment by Rutt against Martin, hut claimed by the plaintiff's. The goods levied upon consisted of cigars, leaf tobacco, a horse, liquors, bar-room furniture, an organ,…
1Opinion of the Court
Opinion,
Mr. Justice Green:
Tlio only assignment of error in this ease, which has any merit, is the fifth. The testimony admitted under that assignment consisted of certain declarations of the husband, D. G. Martin. They were offered by the defendant in the issue against the title of Martin’s wife who was the plaintiff. The husband was not even a nominal party to the record. The wife was not present when the declarations were made, and they were not part of the res gesta) of the transaction to which they related.
They were inadmissible upon any theory. As declarations, they were secondary only,…
2Cases cited1 opinion
- Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
3Cited by7 opinions
- Evans v. EvansSupreme Court of Pennsylvania · 1893
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Mathews v. HansonNorth Dakota Supreme Court · 1910
- Barnes v. BlackSupreme Court of Pennsylvania · 1899
- Thomas v. ButlerSuperior Court of Pennsylvania · 1904
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