Duffey v. Duffey
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of assumpsit, brought by Charles Duffey against John Duffey, Priscilla Harrison, and Robert II. Archer, administrators, &c., of John F. Harrison. The material facts of the case were as follows:— John E. Harrison married a daughter of Charles Duffey, the plaintiff below in this suit, by whom he had eight children, three of Avhom were named Sarah, Catharine, and Harriet.
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Error to the Common Pleas of Tioga county. This was an action of assumpsit, brought by Charles Duffey against John Duffey, Priscilla Harrison, and Robert II. Archer, administrators, &c., of John F. Harrison. The material facts of the case were as follows:— John E. Harrison married a daughter of Charles Duffey, the plaintiff below in this suit, by whom he had eight children, three of Avhom were named Sarah, Catharine, and Harriet. On the 8th day of June 1851, the mother died; the three children were taken to the funeral of their mother by the plaintiff and his wife, who were the children’s…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
Judge Lewis, in Seibert’s Appeal, 7 Harris 56, says, “ It was well urged in the argument by Mansfield and Fonblanque for the plaintiffs, in Perry v. Whitehead, that the ground that ‘ the grandfather is not bound to provide for his grandchild as a father is for a child, and the former, therefore, is not under the same moral obligation, would sound extraordinary out of a court of judicature, and certainly affords no reason. The statute of Elizabeth imposes the same obligations upon a grandfather and grandmother as upon the parents, which is the…
2Cases cited5 opinions
- Williams v. HutchinsonNew York Supreme Court · 1849
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Cummings v. CummingsSupreme Court of Pennsylvania · 1839
- Eitel v. WalterNew York Surrogate's Court · 1853
3Cited by2 opinions
- Cirucci v. Brasili, Pennsylvania Court of Common Pleas, Westmoreland County1951
- Commonwealth v. StraubCambria County Court of Quarter Sessions · 1925