Rodenbaugh v. Rodenbaugh
Superior Court of Pennsylvania
Appeal, No. 143, April T., 1901, by defendant, from order of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 185, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Mary Rodenbaugh v. John Rodenbaugh. Assumpsit for moneys due under an agreement of separation.
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Appeal, No. 143, April T., 1901, by defendant, from order of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 185, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Mary Rodenbaugh v. John Rodenbaugh. Assumpsit for moneys due under an agreement of separation. From the'record it appeared that the plaintiff and defendant who were husband' and wife, on February 15, 1895, entered into the following agreement: “ Witnesseth : That the said party of the first part agrees to pay to the party of the second part twenty dollars ($20) per month, payable quarterly…
1Opinion of the Court
Opinion by
Orlady, J.,
A complete answer to this appeal is found in Commonwealth v. Richards, 181 Pa. 209, where it is held, “ that a valid agreement may be made for separation between a husband and wife, and for an allowance for her support, where the separation is inevitable and immediate, is now too well settled to admit of discussion or require a citation of authorities. The validity of such covenants, although exceptional in their status, has been established by repeated decisions of this court.' Ordinarily these agreements, as in Dillinger’s Appeal, 35 Pa. 357, have been carried into…
2Cases cited3 opinions
- Irvin v. IrvinSupreme Court of Pennsylvania · 1895
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Dillinger's AppealSupreme Court of Pennsylvania · 1860
3Cited by12 opinions
- Zlotziver v. ZlotziverSupreme Court of Pennsylvania · 1946
- Miller v. MillerSupreme Court of Pennsylvania · 1925
- Adams v. AdamsSuperior Court of Pennsylvania · 1907
- Commonwealth v. CampbellSuperior Court of Pennsylvania · 1937
- Muhr's EstateSuperior Court of Pennsylvania · 1915
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