Kilborn v. Field
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county: No. 161, to July Term 1874. This was an action of debt, brought April 2d 1874, by Eurman Field and Margaret his wife, late Kilborn, in her right, against James R. Kilborn. The cause of action was the following note :— “ $400. On the 1st day of January, A. D. 1872, I promise to pay to Margaret A Kilborn four hundred dollars, without defalcation, for value received, with interest from date.
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Error to the Court of Common Pleas of Clinton county: No. 161, to July Term 1874. This was an action of debt, brought April 2d 1874, by Eurman Field and Margaret his wife, late Kilborn, in her right, against James R. Kilborn. The cause of action was the following note :— “ $400. On the 1st day of January, A. D. 1872, I promise to pay to Margaret A Kilborn four hundred dollars, without defalcation, for value received, with interest from date. Witness my hand and seal at Williamsport, this 4th day of August 1870. James R. Kilborn. [l. s.]” Mrs. Field had been the wife of the defendant, and upon…
1Opinion of the CourtJustice Sharswood
Marriage is a civil contract, but it is more, it is an institution of the state. Parties cannot rescind or dissolve it, as they may all other contracts, at their own mere will. The state has provided for what causes alone it can be dissolved, and the question is, in all cases, submitted upon evidence adduced, to an appropriate tribunal. There can be no decree pro confesso upon a libel for divorce. If either party will not attend, the court shall inquire and decide ex parte by the examination of witnesses or interrogations, exhibits, or other legal proofs, had either before or at the hearing :…
2Cited by25 opinions
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- Miller v. MillerSupreme Court of Pennsylvania · 1925
- Gillan v. GillanSuperior Court of Pennsylvania · 1975
- Irvin v. IrvinSupreme Court of Pennsylvania · 1895
- Dennison v. DennisonNew Jersey Court of Chancery · 1925
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