Nuding v. Urich
Supreme Court of Pennsylvania
Appeal No. 246, Jan. T., 1894, by plaintiffs from judgment of C. P. of Lehigh Co., April T., 1898, No. 150, setting aside the report of the commissioner upon claim for wages out of fund realized by sheriff’s sale. Williams and Mitchell dissent. Exceptions to the report of the commissioner.
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Appeal No. 246, Jan. T., 1894, by plaintiffs from judgment of C. P. of Lehigh Co., April T., 1898, No. 150, setting aside the report of the commissioner upon claim for wages out of fund realized by sheriff’s sale. Williams and Mitchell dissent. Exceptions to the report of the commissioner. Before Al~ BRIGHT, P. J. It appeared upon proceedings had in the court below that Samuel Urich was the proprietor and owner of the stock and fixtures in a licensed restaurant in the Lehigh Valley Railroad station at Allentown. Plaintiffs obtained a judgment against him in the court of common pleas of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
If Mrs. Urieh had been employed by a stranger to perform the same services that she rendered in this case, and for the same wages, and her husband had consented to such employment, the wages to be paid to her, there can be no doubt she would have had a valid legal title to the earnings, and could have sustained her claim against his will although he might subsequently have claimed the wages on the ground that he was the owner of her earnings as her husband. And the reason why she could recover them as against him would be because he had so contracted. In other…
2Cases cited1 opinion
- Lewis's EstateSupreme Court of Pennsylvania · 1893
3Cited by19 opinions
- Willcox v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1947
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Standen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Moore v. CrandallCourt of Appeals for the Ninth Circuit · 1913
- Berkowitz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
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