238 Pa. 365 | Pa. | 1913
Opinion by
This was an action brought by the plaintiff to recover damages which he alleges he sustained by reason of illicit relations between his wife and the defendant. On the trial of the cause the plaintiff was called and sworn as a witness in his own behalf. Before he testified, the defendant’s counsel objected generally to his testimony on the ground that he was incompetent because he was the plaintiff in the case and the gist of the action was the wife’s adultery. The learned court below held that he, was “not a competent witness in this case to testify upon any subject, except the subject of marriage,” and he, therefore, sustained the objection and gave an exception to the plaintiff. The plaintiff’s counsel then proceeded to examine their client and interrogated him as to his then present residence, whether he was a married man, when and where he was married and to whom. This closed the plaintiff’s examination in chief, and there was no cross-examination.
The plaintiff took this appeal and the only error assigned is that “the court erred in ruling that the plaintiff was not a competent witness in his own behalf.” This assignment is obviously insufficient and cannot be sustained.
Rule 28 of this court provides as follows: “When the error assigned is to the admission or rejection of evidence,......the specification must quote the questions or offers, the ruling of the court thereon, and the evidence admitted or rejected,......together with a reference to the page of the paper book or appendix where the matter may be found in its regular order in the printed evidence or notes of trial.” It is apparent that the assignment in this case is in total disregard of this rule of court and, therefore, raises no question which we can consider.
There is another reason why the assignment will not sustain a reversal of the judgment. We have quoted the ruling of the learned judge in excluding the testimony
The judgment is affirmed.