Mackinley v. M'Gregor
Supreme Court of Pennsylvania
These two cases were writs of error to the District Court for the City and County of Philadelphia. In the first of them Edward Mackinley, plaintiff in error, was defendant below, and Robert M'Gregor, defendant in error, plaintiff below. It was an action of replevin. The sheriff’s return was “ eloigned.” The defendant pleaded, 1, non-eepit; 2, property in Mary Mackinley.
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These two cases were writs of error to the District Court for the City and County of Philadelphia. In the first of them Edward Mackinley, plaintiff in error, was defendant below, and Robert M'Gregor, defendant in error, plaintiff below. It was an action of replevin. The sheriff’s return was “ eloigned.” The defendant pleaded, 1, non-eepit; 2, property in Mary Mackinley. The plaintiff on the plea of non-eepit joined issue, and to the other plea replied, that the said Mary Mackinley was at the time of the *taking and detention, and is now, the wife of the defendant. To this replication the…
1Opinion of the Court
Separate opinions of the Court, in each case, were delivered as follows, by
*Rogers, J.
By the civil law, husband and wife are considered as persons capable of distinct and separate rights, and of making separate contracts, and they may even sue each other, as independent individuals; but by the common law, they are looked upon as one person; the legal existence of the wife, is to all civil purposes, merged in that of her husband; and, consequently, generally speaking, any contract made with her, is absolutely void.* How far a court of chancery could reach her, in certain cases, in respect to…
2Cases cited4 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Ellmaker v. BuckleySupreme Court of Pennsylvania · 1827
- Gibbs v. NeelySupreme Court of Pennsylvania · 1838
- Abbott v. Mackinley, Pennsylvania Court of Common Pleas, Philadelphia County1838
3Cited by13 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. TempletonTexas Supreme Court · 1894
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Harner v. FisherSupreme Court of Pennsylvania · 1868
- Ball v. PennSuperior Court of Pennsylvania · 1899
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