Boyd's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Philadelphia county. This was an appeal by David Boyd, Jr., as administrator of the estate of Harvey J. Smith, from the order and decree of the Court of Common Pleas, vacating and annulling the decree of divorce granted in the case of Harvey J. Smith v. Mary C. Smith, as also from the decrees directing the payment of counsel fees and allowance for the support of Mary C. Smith and child, by the said administrator, and confirming the decrees of…
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Appeal from the Common Pleas of Philadelphia county. This was an appeal by David Boyd, Jr., as administrator of the estate of Harvey J. Smith, from the order and decree of the Court of Common Pleas, vacating and annulling the decree of divorce granted in the case of Harvey J. Smith v. Mary C. Smith, as also from the decrees directing the payment of counsel fees and allowance for the support of Mary C. Smith and child, by the said administrator, and confirming the decrees of the register of wills, by which the letters of administration granted to the appellant were annulled, and letters…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— In this appeal it is proposed to reverse the action of the court below in striking off the decree of divorce entered May 15th 1858, in the case of Harvey J. Smith,'libellant, and Mary C. Smith his wife. Ordinarily this would not be *243a subject of review, because not final; but here, as the libellant was dead at the time of setting aside the decree, it finally ended the case so far as the divorce was concerned. ■
It was contended here that the court had no power to strike off after the lapse of time which had occurred before moving the court…
2Cited by21 opinions
- Neagley v. NeagleySuperior Court of Pennsylvania · 1915
- Willetts v. WillettsSuperior Court of Pennsylvania · 1929
- Mintz v. MintzSuperior Court of Pennsylvania · 1924
- Carey v. CareySuperior Court of Pennsylvania · 1935
- Given v. GivenSuperior Court of Pennsylvania · 1904
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