Smith v. Smith
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. This was an action on the case for defamation, brought May 31st 1860, by William B. Smith and Lydia B. Smith, his wife, against Veronica Smith. The slanderous words were alleged to have been spoken in November 1859. July 21st 1860, William Smith filed a paper, in which he directed the case to be discontinued, averring that it had been instituted without his knowledge and consent.
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ERROR to the Common Pleas of Lebanon county. This was an action on the case for defamation, brought May 31st 1860, by William B. Smith and Lydia B. Smith, his wife, against Veronica Smith. The slanderous words were alleged to have been spoken in November 1859. July 21st 1860, William Smith filed a paper, in which he directed the case to be discontinued, averring that it had been instituted without his knowledge and consent. On motion of Mrs. Smith’s counsel, the discontinuance was stricken off, the name of William Smith taken out of the case, and the action restored as to Lydia B. Smith…
1Opinion of the Court
The opinion of the court was delivered,
by
Lowrie, C. J.
It is divine law that a man-shall leave father and mother, and cleave to his wife, and common experience teaches the same ; and it is much to be regretted that this law was not observed by the husband in this case. It is so very often that family quarrels arise from a man’s bringing his wife to live with him in the same house with his mother and sisters, that ordinarily no amount of pecuniary economy can compensate for the risk that is run. Here it has occasioned the separation of this husband and wife, and this action of slander by the…
2Cases cited1 opinion
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
3Cited by6 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Mahoney v. Park Steel Co.Supreme Court of Pennsylvania · 1907
- Humbertson v. Albright, Pennsylvania Court of Common Pleas, Fayette County1940
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