Cutbush v. Gilbert
Supreme Court of Pennsylvania
In Error. UPON a writ of error to the Court of Common Pleas of Philadelphia county, the case appeared to be this : ■ . brought an action against John Gilbert, the defendant in "error, before alderman Badger, to recover the sum of ninety dollars, for eighteen weeks board of the defendant’s wife. On the 16th Febtuary, 18Í6, the plaintiff obtained a judgment for the demanded.
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In Error. UPON a writ of error to the Court of Common Pleas of Philadelphia county, the case appeared to be this : ■ . brought an action against John Gilbert, the defendant in "error, before alderman Badger, to recover the sum of ninety dollars, for eighteen weeks board of the defendant’s wife. On the 16th Febtuary, 18Í6, the plaintiff obtained a judgment for the demanded. From this judgment the defendant appealed, , , , jo . “ 7 and on the 6th January, 1817, the case was tried in the Court of Common Pleas. The plaintiff proved, that the wife of the defendant, had boarded at his house…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
~ The plaintiff proved, that he had boarded and lodged the defendants wife, for eighteen weeks, and there rested his cause. The defendant proved a personal notice not to trust her on his account, and also, the publication of a notice in the gazette, which the plaintiff" acknowledged he had seen. The defendant then offered in evidence certain receipts, which referred to some previous agreement of separation, and for a monthly allowance of twenty-five dollars to the wife, and which were said to have been signed by persons who were authorised by…
2Cited by3 opinions
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- Morton ex rel. M'Glaughlin v. MortonSupreme Court of Pennsylvania · 1825
- Roche v. DayAppellate Court of Illinois · 1886