Swires v. Parsons
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. This was an action of assumpsit, brought by Susan Swires, alias Susan Parsons, against the administrators of Isaac Parsons, deceased, to recover compensation for work, labour and service performed for the intestate in his lifetime.
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ERROR to the Common Pleas of Centre county. This was an action of assumpsit, brought by Susan Swires, alias Susan Parsons, against the administrators of Isaac Parsons, deceased, to recover compensation for work, labour and service performed for the intestate in his lifetime. The proof was, that the plaintiff had lived for many years with the intestate, and performed the labour and service as alleged; and the witnesses testified that she lived with him as his wife, and was reputed as such. Woodward (President) was of opinion that the plaintiff was not entitled to recover, and directed a…
1Opinion of the Court
'The opinion of'the Court was delivered by
Rogers, J.
We cannot undertake to say that there was error in charging the jury that, under the circumstances in proof, the . plaintiff was not entitled to recover. They were right in ordering *358judgment to be entered for the defendants. The evidence establishes one of two things, either that the plaintiff and intestate were married, or that she was living in a state of concubinage. They lived as man and wife, and were generally reputed to be so, as the witnesses all concur in saying. Either position js fatal to the claim for compensation, unless in the…
2Cases cited1 opinion
- Little v. DAWSONSupreme Court of the United States · 1791
3Cited by19 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Hall v. FinchWisconsin Supreme Court · 1871
- Miller v. . LashSupreme Court of North Carolina · 1881
- Williams v. HutchinsonNew York Supreme Court · 1849
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