Murdock v. Wasson
Supreme Court of Pennsylvania
Murdock v. Wasson, 158 Pa. 295 (Pa. 1893)
27 A. 944; 1893 Pa. LEXIS 1582
Green, McCollum, Mitchell, Pen, Sterrett, Thompson
Murdock v. Wasson
Opinion of the Court
The defendants, Thomas Wasson and Martha Wasson, were sued as husband and wife; and, as shown by the justice’s transcript, the only evidence in support of plaintiff’s claim was a contract signed by the husband alone. This, without more, was insufficient to support a judgment against the wife, and hence there was no error in striking off the judgment as to her.
Order striking off the judgment against Martha Wasson affirmed, and appeal dismissed with costs to be paid by appellant,
Reference
- Status
- Published
- Syllabus
- Married women — Contract signed by husband — Transcript in common pleas of judgment of justice of the peace — Striking off. A judgment against a married woman, entered in the common pleas on a transcript of a judgment recovered before a justice of the peace, will be stricken off where the transcript of the justice shows a judgment entered against husband and wife under the following condition of the transcript: “Plaintiff claims the sum of $175 due by the defendants as commission on the sale of certain property, sold by plaintiff for defendants per contract, to wit, five per centum on $3,500. Plaintiff sworn and produces in evidence above recited contract signed by Thos. Wasson,” the husband alone.