Legal Opinion

Nutz v. Reutter

Supreme Court of Pennsylvania

Decided November 15, 1832PublishedCited by 4 opinions

ERROR to the common pleas of Dauphin county. The suit was commenced by Eliza C. Reutter, the defendant in error in that court, to October term 1821, against George K. Nutz and Mary his wife, late Mary Reutter, administratrix of Michael Reutter, deceased, to recover a distributary share of the personal estate of the deceased, which she claimed as one of his children under the intestate laws of this state.

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ERROR to the common pleas of Dauphin county. The suit was commenced by Eliza C. Reutter, the defendant in error in that court, to October term 1821, against George K. Nutz and Mary his wife, late Mary Reutter, administratrix of Michael Reutter, deceased, to recover a distributary share of the personal estate of the deceased, which she claimed as one of his children under the intestate laws of this state. Pending this suit, Mary the wife of Nutz and administratrix of Michael Reutter, on the 27th of July 1832, died. On the 21st of July 1824, a declaration in assumpsit was filed in the cause,…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

In regard to the first question, I consider it a well settled principle, that a wife can not be joined with her husband as a defendant in an action founded upon a contract or promise either express or implied, except where she has made the contract or promise, or done the act from which it is to be implied, before coverture; and that in every such case the wife must be joined in the suit with the husband. Robinson v. Hardy, 1 Ves. 281, 440 ; Drue v. Thorn, Alleyn 72; Mitchinson v. Hewson, 7 Term Rep. 348. Neither at law nor in equity will…

2Cited by4 opinions

  1. Eyster's AppealSupreme Court of Pennsylvania · 1851
  2. Rigoney v. NeimanSupreme Court of Pennsylvania · 1873
  3. Huber's Estate, Pennsylvania Court of Common Pleas, Lancaster County1922
  4. State v. TunnellSuperior Court of Delaware · 1848

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