Legal Opinion

Harwood v. Harwood

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal, No. 236PublishedCited by 1 opinion

Appeal, No. 236, Jan. T., 1911, by defendant from order of C. P. Lackawanna Co., June 1'., 1910, No. 426, discharging rule to open or strike off judgment, in case of Jennie Harwood v. A. F. Harwood. Rule to open or strike off judgment. From the record it appeared that on May 26, 1910, Jennie Harwood entered a judgment against her husband A. F. Harwood in the sum of $3,000, by virtue of a warrant of attorney contained in a judgment note.

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Appeal, No. 236, Jan. T., 1911, by defendant from order of C. P. Lackawanna Co., June 1'., 1910, No. 426, discharging rule to open or strike off judgment, in case of Jennie Harwood v. A. F. Harwood. Rule to open or strike off judgment. From the record it appeared that on May 26, 1910, Jennie Harwood entered a judgment against her husband A. F. Harwood in the sum of $3,000, by virtue of a warrant of attorney contained in a judgment note. At the time of the entering of the judgment the husband and wife were residing together. Subsequently she separated from him alleging cruel and barbarous…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The parties to this proceeding are husband and wife. The appeal is by the former who seeks to have declared invalid a judgment entered against him and in favor of his wife, upon confession. The integrity of the transaction is in no way challenged; the sole ground on which the claim is made is that the entering of the judgment contravenes the provision contained in Sec. 3 of the Act of June 8,1893, P. L. 344, which declares that a married woman “may not sue her husband,” except under conditions which admittedly are not here present, and with which we have…

2Cases cited1 opinion

  1. Rose v. LatshawSupreme Court of Pennsylvania · 1879

3Cited by1 opinion

  1. McMillen v. McCullough, Pennsylvania Court of Common Pleas, Mercer County1937

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