195 Pa. 207 | Pa. | 1900
Opinion by
This was a feigned issue to determine whether certain moneys, realized on a sheriff’s sale of personal property, belonged
Nothing in the testimony of the appellant or her husband justifies the foregoing remarks to the jury. She testified that, when she started in business in 1889, she put into the same $1,000, moneys received from her father in Germany, and the $500 referred to by the trial judge in his charge was money that the husband said he had when he purchased the business from her in 1893. In this she corroborates him. She testified that she had started the business in 1889 with her own money, having put the $1,000 into it; but nowhere in the charge is there any reference made to this. The language of the court above quoted clearly, but improperly, indicated to the jury that they were to find for the appellant, provided they believed that Kunz had given his wife the $500 in 1889 with which to start business-The trial judge manifestly overlooked the testimony, and what he said may have misled the jury. We are, therefore, compelled to remit the case for another trial, that, if the facts are to be reviewed by the court in its charge, they may be accurately stated. The judgment is reversed and a venire facias de novo awarded.