Legal Opinion

Schomaker v. Schomaker

Supreme Court of Pennsylvania

Decided January 2, 1915No. Appeal, No. 17PublishedCited by 20 opinions

Appeal, No. 17, Oct. T., 1914, by defendant, from decree of C. P., No. 3, Allegheny Co., Nov. T., 1911, No. 256, in equity, for plaintiff, dismissing cross-bill and granting relief, in case of P. W. Schomaker v. Anna Christina Sehomaker. Bill in equity to recover possession of household goods. Before Evans, J. Demurrer to cross-bill. Before Haymaker, J. The opinion of the Supreme Court states the case.

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Appeal, No. 17, Oct. T., 1914, by defendant, from decree of C. P., No. 3, Allegheny Co., Nov. T., 1911, No. 256, in equity, for plaintiff, dismissing cross-bill and granting relief, in case of P. W. Schomaker v. Anna Christina Sehomaker. Bill in equity to recover possession of household goods. Before Evans, J. Demurrer to cross-bill. Before Haymaker, J. The opinion of the Supreme Court states the case. The court on final hearing, awarded the relief prayed for in the original bill; it also dismissed the cross-bill on demurrer. Defendant appealed. Error assigned was in dismissing defendant’s…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The plaintiff and the defendant are husband and wife; at the time of filing the bill in this case they lived together in a residence which belonged to the defendant. The husband desired to move to a house of his own, and invited his wife to accompany him, which she declined to do; thereupon he endeavored to take certain household goods which he alleged belonged to him, but he was prevented by the defendant. The plaintiff filed a bill and prayed that the defendant be ordered to permit him to remove his goods. An answer was filed, in which the defendant alleged…

2Cases cited4 opinions

  1. Heckman v. HeckmanSupreme Court of Pennsylvania · 1906
  2. McKendry v. McKendrySupreme Court of Pennsylvania · 1890
  3. Ireland v. IrelandSupreme Court of Pennsylvania · 1914
  4. Dorsett v. DorsettSupreme Court of Pennsylvania · 1910

3Cited by20 opinions

  1. T. C. R. Realty, Inc. v. CoxSupreme Court of Pennsylvania · 1977
  2. McSwain v. McSwainSupreme Court of Pennsylvania · 1966
  3. Hack v. HackSupreme Court of Pennsylvania · 1981
  4. Brenner v. SukenikSupreme Court of Pennsylvania · 1963
  5. Loeffler's EstateSupreme Court of Pennsylvania · 1923

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