Small v. Small
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT .EROM THE COURT OE COMMON PLEAS OE ERANKLIN COUNTY. No. 12 May Term 1889, Sup. Ct.; court below, No. 87 December Term 1888, C. P. On September 17, 1887, Lavina Small brought assumpsit against David W. Small to recover $8,388, alleged to have been received by the defendant for the use of the plaintiff.
Read the full summary
APPEAL BY DEPENDANT .EROM THE COURT OE COMMON PLEAS OE ERANKLIN COUNTY. No. 12 May Term 1889, Sup. Ct.; court below, No. 87 December Term 1888, C. P. On September 17, 1887, Lavina Small brought assumpsit against David W. Small to recover $8,388, alleged to have been received by the defendant for the use of the plaintiff. On September 13, 1888, the defendant filed a plea in abatement, averring that the plaintiff was, at the commencement of the action, and still was the lawful wife of the defendant. To this plea the plaintiff demurred. The defendant having filed a joinder in demurrer, the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The single question presented is whether the act,of June 3, 1887, P. L. 332, known as the Married Persons’ Property Act, authorizes a wife to sue her husband directly and in her own name for money received by him from, her separate estate.
Section 4 of the act reads: “ Husband and wife shall have the same civil remedies upon contracts in their own name and right, against all persons, for the protection and recovery of their separate property, as unmarried persons.”
*372This language is general and unlimited. It makes no exception of actions against each other, and,…
2Cases cited1 opinion
- Ritter v. RitterSupreme Court of Pennsylvania · 1858
3Cited by14 opinions
- Arnett v. State, ex rel. DonohueIndiana Supreme Court · 1907
- State ex rel. Erickson v. BurrNorth Dakota Supreme Court · 1907
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Mathewson v. MathewsonSupreme Court of Connecticut · 1906
- State ex rel. Finlayson v. AmosSupreme Court of Florida · 1918
9 more not listed; retrieve them via the Exa API.