Robinson v. Woelpper
Supreme Court of Pennsylvania
Upon a writ of error to the District Court for the City and County of Philadelphia, the case was thus: Robinson had issued a foreign attachment against Othniel Colescott; and having obtained judgment in due course, issued a scire facias against George Woelpper, the garnishee.
Read the full summary
Upon a writ of error to the District Court for the City and County of Philadelphia, the case was thus: Robinson had issued a foreign attachment against Othniel Colescott; and having obtained judgment in due course, issued a scire facias against George Woelpper, the garnishee. Upon the trial of this scire facias, the jury found a special verdict, setting forth that Frederick Woelpper, the former husband of Rachel Colescott, now wife of Othniel Colescott, the defendant in the attachment, made his will, as follows: “ Be it remembered, that I, Frederick Woelpper, of Moyamensing, in the County of…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
There is scarcely any part of the law, in which the . 'distinctions have gone on nicer grounds, than in that which relates to the rights of husband and wife. Nay,, the decisions are not always to be reconciled ; and, in more than one instance, what was held to be law at one time, has been subsequently expressly overruled. I shall confine my remarks to the case before us.
The cases cited do not, all of them, apply to the case before us. This is not the case of money earned by the labour of the wife, and sued for on the implied promise to pay;…
2Cited by4 opinions
- Timbers v. KatzSupreme Court of Pennsylvania · 1843
- Mellinger's Administrator v. Bausman's TrusteeSupreme Court of Pennsylvania · 1863
- Clapp v. Inhabitants of StoughtonMassachusetts Supreme Judicial Court · 1830
- Skinner's AppealSupreme Court of Pennsylvania · 1847