Graves v. Cole
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This suit was brought by James L. Graves against Cole, to recover the amount of a bill for boarding, made by his wife, while engaged in defending herself against a libel in divorce, filed by defendant against her, charging her with adultery, and while she was prosecuting a subsequent suit for divorce against him. Defendant and his wife resided at Tioga Village, a distance of seventeen miles from Wellsborough, the county seat.
Read the full summary
Error to the Common Pleas of Tioga county. This suit was brought by James L. Graves against Cole, to recover the amount of a bill for boarding, made by his wife, while engaged in defending herself against a libel in divorce, filed by defendant against her, charging her with adultery, and while she was prosecuting a subsequent suit for divorce against him. Defendant and his wife resided at Tioga Village, a distance of seventeen miles from Wellsborough, the county seat. Defendant separated himself from his wife, and filed a libel in divorce against her, charging her with adultery. She left his…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
When the wife has no separatte support, she must be subsisted, and her necessary costs paid, pending proceedings for divorce. This rule is necessary; otherwise she might be denied justice for want of the funds required for the vindication of her rights; and for this reason, after answer, she may, in general, have her costs taxed de die in diem. She is not obliged to await the result of the suit: 2 Hagg. Cons. R. 204; 3 Phillimore 264. The Court having jurisdiction of the suits between the husband and wife, is, from time to time, to make the…
2Cited by5 opinions
- Rutherford v. RutherfordSuperior Court of Pennsylvania · 1943
- Hartje v. HartjeSuperior Court of Pennsylvania · 1909
- Kaufmann v. KaufmannSuperior Court of Pennsylvania · 1921
- Baker v. BakerSuperior Court of Pennsylvania · 1924
- Weimer v. Weimer, Pennsylvania Court of Common Pleas, Somerset County1978