Toddes v. Hafer
Toddes v. Hafer
Opinion of the Court
The first assignment of error is dismissed for the reason that it does not quote the testimony given in response to the question as required by rule 16.
There is no merit in the second assignment. In view of the testimony of the plaintiff and her husband as to the manner of doing business and as to the ownership of the money earned by- him in the hacking and horse trading business, it was perfectly competent for the defendant to show that the business was conducted wholly or in part through a bank account kept in his name.
The third and fourth assignments must be construed in the light of the judge’s certificate attached to the stenographer’s report of his charge. It is as follows : “ There are several minor mistakes in the within report of the court’s charge which majr be overlooked without doing violence to an3r interests, but we must correct a very clear and apparent error on page 14 of the report. The request of Mr. Weaver on page 14 of the report ” (see third assignment) “ was not answered by the court as indicated by the report. At this point in the court’s charge Mr. Weaver requested the court to charge that, by reason of the close relation of husband and wife the presumption would not arise that this property was the husband’s and it was in answer to this claim that the court used the words which are mistakenly reported as an answer to
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.