Legal Opinion

Blaker v. Cooper ex rel. Rice

Supreme Court of Pennsylvania

Decided January 7, 1822PublishedCited by 4 opinions

In ERROR. ERROR to the Common Pleas of. Bucks county,- and bill Ot exceptions. This was a scire facias on a judgment entered by warrant of attorney on a bond given by John Blaker, the defendant ^elow,t0 J°hn Cooper, the plaintiff below, for the use of Cooper's daughter, Esther Rice, late Esther Blaker, who was formerly the wife of John Blaker.

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In ERROR. ERROR to the Common Pleas of. Bucks county,- and bill Ot exceptions. This was a scire facias on a judgment entered by warrant of attorney on a bond given by John Blaker, the defendant ^elow,t0 J°hn Cooper, the plaintiff below, for the use of Cooper's daughter, Esther Rice, late Esther Blaker, who was formerly the wife of John Blaker. During the existence of the marriaSe of John and Esther Blaker, on the 14th of February, 1814, the said John Blaker made a written agreement with J°¡ln Cooper, the plaintiff, his wife’s father, to the following effect: Blaker and his wife were to live…

1Opinion of the Court

The opinion of the Court was delivered by

Tilghmán C. J.

The question is, whether, under these circumstances, John Blaker be liable to the payment of the annuity of sixty dollars. He contends, that he is not liable, because the annuity was in nature of alimony, which, if decreed, on a divorce from bed and board, ceases on a divorce from the bond of marriage. The law is certainly so, in case of a decree of divorce and alimony ; but it does not follow, that it is so, in case of separation and maintenance by voluntary agreement. The parties may make what agreement they please, and the only…

2Cited by4 opinions

  1. Carpenter v. . OsbornNew York Court of Appeals · 1886
  2. Calkins v. LongNew York Supreme Court · 1855
  3. Chapman v. GraySupreme Court of Georgia · 1850
  4. Fisher v. FilbertSupreme Court of Pennsylvania · 1847

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