Schofield v. Schofield
Superior Court of Pennsylvania
Appeals, Nos. 95 and 96, Oct. T., 1911, by plaintiff, from order of C. P. No. 5, Philadelphia, Co. Dec. T., 1909, No. 2,048, refusing alimony, costs, expenses and counsel fee in case of Sarah Batty Schofield v. Charles S. Schofield. Petition for alimony and for payment of costs, expenses and counsel fee. The opinion of the Superior Court states the case.
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Appeals, Nos. 95 and 96, Oct. T., 1911, by plaintiff, from order of C. P. No. 5, Philadelphia, Co. Dec. T., 1909, No. 2,048, refusing alimony, costs, expenses and counsel fee in case of Sarah Batty Schofield v. Charles S. Schofield. Petition for alimony and for payment of costs, expenses and counsel fee. The opinion of the Superior Court states the case. Error assigned was the order of the court. — It is submitted that the payment of alimony does not cease with the dismissal of the libel when an appeal from the action of the court has been perfected: McNeil v. McNeil, 19 Pa. C. C. Rep. 93;…
1Opinion of the Court
Opinion by
Porter, J.,
These appeals by the same appellant and in the same proceeding in which we have this day filed an opinion, at No. 8, October Term, 1911, ante, p. 564, affirming the final decree of the court below, may properly be considered together. The court below having during the proceeding made an order for the payment of alimony by the respondent, the latter paid the sum so ordered in full down to the date the libel was dismissed. Some time after the libelant had taken an appeal from the decree dismissing her libel and after the record was in this court, she presented a petition to…
2Cases cited1 opinion
- Heilbron v. HeilbronSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Norman S. White v. Beatrice M. WhiteSuperior Court of Pennsylvania · 1932
- Walker v. WalkerSuperior Court of Pennsylvania · 1933
- Davis v. DavisSuperior Court of Pennsylvania · 1942