Evans v. Evans
Supreme Court of Pennsylvania
Appeal, No. 288, Jan. T., 1893, by defendant, Walter G. Evans, from judgment of C. P. Lancaster Co., May T., 1890, No. 15, on verdict for plaintiffs, Emma C. Evans, and James Evans, guardian ad litem of Gertrude Evans et al. Sheriff’s interpleader to determine ownership of personal property.
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Appeal, No. 288, Jan. T., 1893, by defendant, Walter G. Evans, from judgment of C. P. Lancaster Co., May T., 1890, No. 15, on verdict for plaintiffs, Emma C. Evans, and James Evans, guardian ad litem of Gertrude Evans et al. Sheriff’s interpleader to determine ownership of personal property. At the trial, before Patterson, J., it appeared that Walter G. Evans, the defendant, issued an execution on a judgment against James Evans and levied upon a horse, buggy, harness and other farm and household goods, which were claimed by Emma C. Evans, wife of James Evans, and also upon an organ which was…
1Opinion of the Court
Opinion by
Mb. Justice Green,
The difficulty with the first three assignments of error is that both the husband James Evans, and the wife, Emma C. Evans, were offered as witnesses by the wife, in support of her title, and for that purpose both of them were entirely competent, especially since the passage of the act of 1887. The husband was not a claimant of the title at all. On the contrary he testified to facts which tended to establish his wife’s title, and he was certainly competent to testify in her favor. Of course the wife was competent to testify in support of her own title. The…
2Cases cited4 opinions
- Wharton v. DouglassSupreme Court of Pennsylvania · 1874
- Pleasanton v. NuttSupreme Court of Pennsylvania · 1887
- Martin v. RuttSupreme Court of Pennsylvania · 1889
- Sennett v. JohnsonSupreme Court of Pennsylvania · 1848
3Cited by13 opinions
- Hunter v. BremerSupreme Court of Pennsylvania · 1917
- Ickes v. IckesSupreme Court of Pennsylvania · 1912
- Jones v. Dubuque Fire & Marine InsuranceSupreme Court of Pennsylvania · 1934
- Stephan v. HudockSuperior Court of Pennsylvania · 1897
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
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