157 Pa. 454 | Pa. | 1893
Opinion by
The defendant is sister of plaintiff’s wife. All had been occupying a house which belonged to defendant in Lancaster. On 10th of February, 1888, by legal proceedings, defendant dispossessed plaintiff; but her sister, his wife, with three children, continued to live in the house with defendant. At the time plaintiff was dispossessed, his wife claimed all the personal property in the house, and it remained there until the 8th of March following. Then plaintiff issued a writ of replevin, averring all the personal property in the house, book-cases and contents, office furniture, beds, bedding, furniture, knives, forks,
The appellant assigns five errors, but they are essentially the same, the rejection of plaintiff as a witness.
As the issue stood upon the record when the jury was sworn and on the trial, it was between plaintiff and his wife. Harriet P. Watson, the sister, in whose house was the property, gave bond to relieve the sheriff from the duty of delivery; but this did not bar the real owner from asserting her right against the claimant. She came into court and pleaded her ownership of record. Plaintiff did not demur, but by a formal replication joined issue with the wife, and, by the conclusion to his replication, demanded a jury trial, as between him, the husband, and her, the wife, The old rule which prevents husband and wife testifying “ against each other,” is not relaxed by either statute or decision. Rowley v. McHugh, 66 Pa. 269 ,
The matters complained of by appellant, tending to show, as he alleges, that by reason of an unexpected ruling he was left without opportunity to present his case, were all for the court below on the motion for new trial. The learned judge who presided at the trial, did not consider the reasons sufficient to warrant the setting aside of the verdict. It was a matter for his sound discretion with which we ought not to interfere.
The assignments of error are overruled, the judgment is affirmed, and appeal dismissed at costs of appellant.