Ehrhart v. Bear
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T., 1911, by plaintiff, from judgment of C. P. Lancaster Co., Feb. T., 1910, No. 46, on verdict for defendant in case of Hymon Ehrhart v. Ivan S. Bear. Trespass from crim. con. At the trial it appeared that the plaintiff had been divorced from his wife, and that in the divorce proceedings the wife had been charged with adultery with the defendant and others. The defendant was a witness in the divorce proceedings.
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Appeal, No. 15, Oct. T., 1911, by plaintiff, from judgment of C. P. Lancaster Co., Feb. T., 1910, No. 46, on verdict for defendant in case of Hymon Ehrhart v. Ivan S. Bear. Trespass from crim. con. At the trial it appeared that the plaintiff had been divorced from his wife, and that in the divorce proceedings the wife had been charged with adultery with the defendant and others. The defendant was a witness in the divorce proceedings. At the trial the plaintiff was asked this question: “Q. State whether or not Ivan S. Bear was a frequenter of your house? A. Yes, sir, he was.” The Court: Strike…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. Although this defendant was named in the libel in divorce as a person with whom the respondent had committed adultery, he was not a party to that suit in any sense of the term. He was simply a witness. “Parties in the larger legal sense are all persons having a right to control the proceedings, to make defense, to adduce and cross-examine witnesses, and to appeal from the decision if any appeal lies:” 1 Greenleaf on Evidence, sec. 535; Walker v. Phila., 195 Pa. 168. This defendant stood in no such relation to the divorce case, and it is an obvious principle of…
2Cases cited10 opinions
- Walker v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Gilchrist v. BaleSupreme Court of Pennsylvania · 1839
- Hitner's AppealSupreme Court of Pennsylvania · 1867
- Cornell v. VanartsdalenSupreme Court of Pennsylvania · 1846
- Dumbach v. BishopSupreme Court of Pennsylvania · 1898
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3Cited by2 opinions
- Bedillion v. FrazeeSuperior Court of Pennsylvania · 1961
- Sernovits v. Roberts, Pennsylvania Court of Common Pleas, Bucks County1961