Cunningham v. Irwin
Supreme Court of Pennsylvania
In Error. Common Pleas of AUégKeny ERROR to the Court of county. in. the Court below by Sarah This was an action brought Irwin against Nicholas Cunningham., to recover for- necess'aries furnished to Mary Magee, who was alleged to-be the' wife .of the said Nicholas Cunningham.
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In Error. Common Pleas of AUégKeny ERROR to the Court of county. in. the Court below by Sarah This was an action brought Irwin against Nicholas Cunningham., to recover for- necess'aries furnished to Mary Magee, who was alleged to-be the' wife .of the said Nicholas Cunningham. It appeared in evidenpe on the trial that Nicholas Cunningham and Mary Magee had lived separate from each other for twelve or thirteen years in Pittsburg, after their arrival from Ireland without any suspicion' being entertained that "they were husband and wife. Nicholas Cunningham was engaged in business and represented…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman, C. J.
This is an afction brought by Sarah Irwin, the plaintiff below, against Nicholas Cunningham, for board arid necessaries furnished by the plaintiff to,-Mary, the wife of the said Nicholas. ■ On the trial.of the cause, several exceptions were taken by the defendant’s counsel, to the opinion of the Court, on points of evidence, and an exception also to the charge of the Court.
1. The first exception was, to the admission of the depositions'of John and Patrick Magee, taken ex parte, under a rule of Court, on six days notice. The, objection…
2Cited by1 opinion
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