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140 Pa. 144

Cain v. Cain

Supreme Court of Pennsylvania

Decided February 16, 1891

Supreme Court of Pennsylvania · decided 1891-02-16

No. 125 July Term 1890, Sup. Ct.; court below, No. 104 June Term 1888, C. P. On December 15, 1888, in proceedings for a divorce, upon the libel of Susan A. Cain against her husband.

Decided 1891-02-16

Per Curiam:

¶1We do not think it was error to exclude the letter referred to in the first assignment. There was nothing upon its face to show its relevancy. Nor do we see any merit in the assignments relating to the exclusion of testimony. The declarations of the libellant, made in the absence of the respondent, were not evidence. They were not a part of the res gestee. The remaining assignments refer to the charge of the court., and are not sustained. The facts of the ease were submitted to the jury under an adequate charge.

¶2The decree is affirmed, and the appeal dismissed at the costs of the appellant.

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