Legal Opinion

Gleghorne v. Gleghorne

Supreme Court of Pennsylvania

Decided January 3, 1888No. 254PublishedCited by 2 opinions

APPEAL PROM THE DECREE OP THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY, IN EQUITY. No. 254 October Term 1887, Sup. Ct.; court below, No. 168 December Term 1886, C. P. No. 1, in equity.

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APPEAL PROM THE DECREE OP THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY, IN EQUITY. No. 254 October Term 1887, Sup. Ct.; court below, No. 168 December Term 1886, C. P. No. 1, in equity. On October 4,1886, Sarah I. Gleghorne, by her next friend, Samuel Perry, filed a bill in equity against her husband, W. D. Gleghorne, charging: That the plaintiff and defendant were married on October 20, 1884, and that before that date the defendant had purchased a lot of ground in the 28th ward, Pittsburgh, but had not paid the purchase money nor received a deed therefor; that after their marriage they…

1Opinion of the Court

Opinion,

Mr. Justice Paxson :

The question of jurisdiction was directly raised in this case. The master found, however, that it was not raised by the pleadings, and was, “therefore, of opinion that the question of jurisdiction cannot be entertained so as to allow the objection to prevail after the parties have volunteered to proceed to a hearing upon the merits.”

This was a bill filed by a wife against the husband for the sole purpose of recovering a sum of money which she gave him to aid in the erection of a house for their joint home. The husband had bought the lot before marriage. After that…

2Cases cited2 opinions

  1. Ritter v. RitterSupreme Court of Pennsylvania · 1858
  2. Johnston v. Johnston's AdministratorSupreme Court of Pennsylvania · 1858

3Cited by2 opinions

  1. Clift v. MosesNew York Supreme Court · 1894
  2. Bixler v. HeilmanSuperior Court of Pennsylvania · 1910

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