Peaks v. Mayhew
Supreme Judicial Court of Maine
On Exceptions by Defendant. The case appears in the opinion. Counsel cited: Arts v. Robertson, 50 111. App. 27; Oonant v. Burnham, 133 Mass. 505. The services of the attorneys in defending the husband’s wife do not fall witbin the rule of necessaries which can or may be provided at the husband’s home. The services are necessaries under a rule which does not apply to any other necessaries. Warner v. Heiden, 28 Wis. 517, (9 Am.
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On Exceptions by Defendant. The case appears in the opinion. Counsel cited: Arts v. Robertson, 50 111. App. 27; Oonant v. Burnham, 133 Mass. 505. The services of the attorneys in defending the husband’s wife do not fall witbin the rule of necessaries which can or may be provided at the husband’s home. The services are necessaries under a rule which does not apply to any other necessaries. Warner v. Heiden, 28 Wis. 517, (9 Am. Rep. 515) ; Shepherd v. Mackoul, 3 Camp. 326; Morris v. Palmer, 39 N. H. 123. To say that the wife should not have counsel because she was not living at home at the time…
1Opinion of the CourtWhitehottse, J.
This was an action to recover for professional services, rendered by the plaintiffs as attorneys at law, in conducting the defense of a criminal prosecution for adultery against the defendant’s wife. She was indicted and tried jointly with her alleged paramour who employed separate counsel. There was evidence tending to prove that, at the time these services were rendered, the wife was living apart from her husband, and for some time prior thereto had been living apart from him without his fault and against his will, although he had furnished her a suitable home and requested her to remain…
2Cases cited6 opinions
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Conant v. BurnhamMassachusetts Supreme Judicial Court · 1882
- Brown v. MudgettSupreme Court of Vermont · 1868
- Oinson v. HeritageIndiana Supreme Court · 1873
- I. N. Thorne & Co. v. KathanSupreme Court of Vermont · 1879
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3Cited by6 opinions
- Elder v. . RosenwasserNew York Court of Appeals · 1924
- Kerner v. Eastern Dispensary & Casualty HospitalCourt of Appeals of Maryland · 1956
- Forrester v. HurttHawaii Supreme Court · 1907
- Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
- Ing v. ChungHawaii Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.