Biery v. Steckel
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1898, by defendant, from order of C. P. Lehigh Co., Nov. T., 1896, No. , discharging rule to open judgment. Rule to open judgment. Before Albright, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was the order discharging the rule. The articles of separation, that are a part of the record, are enforceable in equity and binding upon the parties thereto.
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Appeal, No. 389, Jan. T., 1898, by defendant, from order of C. P. Lehigh Co., Nov. T., 1896, No. , discharging rule to open judgment. Rule to open judgment. Before Albright, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was the order discharging the rule. The articles of separation, that are a part of the record, are enforceable in equity and binding upon the parties thereto. When fairly made, and upon adequate consideration, the courts here, and in England, always sustain them upon equitable principles: Dillinger’s App., 35 Pa. 357; Hutton v. Hutton, 3 Pa. 100;…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Edmund F. Steckel instituted in the court of common pleas of Lehigh county to November term, 1896, proceedings for a divorce from his wife, Elizabeth P. Steckel. The proceedings were not far advanced when the libellant’s counsel made overtures for a settlement between the parties. The basis of the settlement proposed was a separation, the terms of which were incorporated in the articles and the bond and mortgage. These instruments were dated and executed at the same time, and constituted the contract. They were prepared by the libellant’s counsel, approved by…
2Cited by4 opinions
- Adams v. AdamsSuperior Court of Pennsylvania · 1907
- Ashbaugh v. AshbaughSuperior Court of Pennsylvania · 1950
- Biery v. SteckelSuperior Court of Pennsylvania · 1902
- Commonwealth v. ClarkePennylvania Municipal Court, Philadelphia County · 1940