Marshall v. Carr
Marshall v. Carr
Opinion of the Court
Opinion by
This appeal is by defendant from judgment entered for plaintiff upon a verdict in an action of ejectment, in which plaintiff claimed title -as sole heir of Clarissa Marshall, who died seized in September, 1915; while defendant claimed a life estate, as her surviving husband, and also that her name was Clarissa Marshall Carr. She and defendant lived together at Wilkes-Barre and cohabited practically as husband and wife from about the year 1900 until her death, and defendant testified that they were married by a magistrate in Scranton on September 25, 1911, and he is corroborated by a marriage license and certificate. Plaintiff’s evidence tends to show that it was another woman, who impersonated his mother, to whom defendant was married at Scranton.
Clarissa kept a house of prostitution and, on cross-examination, defendant was asked if about the year 1892 he had not lived with another woman named Eagler, who also kept a house of prostitution at Wilkes-Barre. The objection of plaintiff’s counsel to this line of cross-examination was overruled and defendant answered in the affirmative. This forms the basis of the first and second assignments of error, which must be sustained. Defendant’s intimacy with the Eagler woman was entirely foreign to the questions here at issue and occurred years before he went to live with Clarissa. The only possible object of bringing it out was to discredit the defendant and his testimony, and for that purpose it was incompetent. It is well settled in ■ this State that a witness may not be cross-examined as to his alleged misconduct, or even criminal acts, entirely disconnected with the case on trial. A witness may be interrogated
It was not error to allow the cross-examination of defendant as to his relations with Clarissa before the alleged ceremonial marriage.
Shortly after such marriage she was arrested for keeping a bawdyhouse and, when taken before the magistrate, the evidence tended to show, both she and defendant stated on oath that she was a widow. If she so stated,
The record shows no exception taken by defendant to the charge, before verdict, but as his counsel thereafter averred he had asked for one, the trial judge sealed it for him nunc pro tunc. However, it was at most only a general exception and thereunder errors could be assigned to such matters only as were basic and fundamental (Sikorski v. Phila. & R. Ry. Co., 260 Pa. 243), and the excerpts from the charge called to our attention are not of that character.
The first and second assignments of error are sustained and thereupon the judgment is reversed and a venire facias de novo awarded.
Reference
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- Evidence — Witness— Cross-examination — Credibility — Former misconduct of witness — Marriage. 1. A witness cannot he cross-examined as to his former misconduct with a woman, where such misconduct has nothing to do with the case on trial, and the purpose of the question is merely to discredit his testimony; and especially is this the case where the alleged misconduct occurred twenty-six years before the trial. 2. The rule that a witness may decline to answer such questions as may tend to incriminate him does not apply to such case. 3. Where a defendant in ejectment claims a life estate as surviving husband of a deceased woman, and sets up a ceremonial marriage, which plaintiff, a son of deceased, avers was with another woman, defendant may be cross-examined as to his relations with the deceased before the alleged marriage. 4. In such ease, where criminal proceedings were instituted against the deceased woman after the date of such marriage, evidence is admissible to show that both deceased and defendant stated on oath that she was a widow, but such evidence does not justify the trial judge in stating that they convicted themselves of perjury, if they were in fact married. 5. If it appears deceased petitioned for a pardon, describing herself as a widow, and defendant assisted her in such proceedings and wrote a letter in her behalf' to the Pardon Board, evidence to that effect is admissible against him. 6. The report of the Pardon Board is not competent evidence in such case. Evidence — Perjury—False statement under oath. 7. A false statement under oath is not necessarily perjury. Marriage — Evidence—Witness—Competency of parties to marriage. 8. A denial of marriage by one party is not evidence against the other, unless made in the presence of or acquiesced in by the other. Appeals — Exception—Charge—General exception. 9. Where exception to a charge has been taken only by a general exception, errors can be assigned to such matters only as are basic and fundamental.