Hutton v. Hutton's Administrator
Supreme Court of Pennsylvania
Error to Common Pleas of Cumberland county. June 4. This was an amicable action, on a case stated for the opinion of the court, in which Sarah Hutton was plaintiff, and Jacob C. Duey, administrator of James Hutton, defendant. The parties agreed to enter this action without regard to form, for the purpose of ascertaining their legal rights by a judgment of the court. Either party to have the right to a writ of error, without oath or bail.
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Error to Common Pleas of Cumberland county. June 4. This was an amicable action, on a case stated for the opinion of the court, in which Sarah Hutton was plaintiff, and Jacob C. Duey, administrator of James Hutton, defendant. The parties agreed to enter this action without regard to form, for the purpose of ascertaining their legal rights by a judgment of the court. Either party to have the right to a writ of error, without oath or bail. The following facts were agreed upon, and to be considered in the nature of a special verdict. On the 1st day of April, 1825, the plaintiff and defendant’s…
1Opinion of the CourtRogers, J.
This case is free from difficulty. Deeds for the separation of husband and wife are valid and effectual, both at law and in equity, provided their object be actual and immediate, and not a contingent or future separation. This distinction runs through all the cases, and, although the wisest judges have frequently asserted that deeds of separation are at variance with the policy of the law, it is now too firmly settled to be shaken. The argument here contemplates an immediate separation; it -was carried into effect in good faith by the husband, has nothing unreasonable in it, and consequently,…
2Cited by12 opinions
- Zlotziver v. ZlotziverSupreme Court of Pennsylvania · 1946
- Miller v. MillerSupreme Court of Pennsylvania · 1925
- Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Forbes v. ForbesSuperior Court of Pennsylvania · 1946
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