Legal Opinion

Murray v. Murray

Superior Court of Pennsylvania

Decided April 18, 1923No. 1; Appeal, No. 33PublishedCited by 8 opinions

Appeal, No. 33, March T., 1922, by libellant, from order of C. P. Luzerne County, July T., 1921, No. 228, discharging rule to show cause why respondent should not pay alimony and counsel fees pendente lite in tbe case of Mary R. Murray v. Michael J. Murray. Rule for alimony and counsel fees pendente lite. Before Woodward, J. Tbe facts are stated in tbe opinion of tbe Superior Court and in tbe former decision upon tbe same case, 78 Pa. Superior Ct.

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Appeal, No. 33, March T., 1922, by libellant, from order of C. P. Luzerne County, July T., 1921, No. 228, discharging rule to show cause why respondent should not pay alimony and counsel fees pendente lite in tbe case of Mary R. Murray v. Michael J. Murray. Rule for alimony and counsel fees pendente lite. Before Woodward, J. Tbe facts are stated in tbe opinion of tbe Superior Court and in tbe former decision upon tbe same case, 78 Pa. Superior Ct. M3. See also tbe case next following. Tbe court discharged tbe rulé. Plaintiff appealed.. Error assigned was tbe order of tbe court.

1Opinion of the Court

Opinion by

Trexler, J.,

This is an appeal from an order discharging a rule for alimony and counsel fees pendente lite. The matter was before us in Murray v. Murray, 78 Pa. Superior Ct. 443, and we there held that the appeal, for the reasons therein stated, was premature and no review could be had of it until the final decree granting or refusing the divorce had been entered.

“In Breinig v. Breinig, 26 Pa. 161, it was said by Black, J., ‘it has been the uniform practice to allow a wife destitute of a separate estate, who is either suing or defending a cause of divorce, such reasonable sum as will…

2Cases cited4 opinions

  1. Breinig v. BreinigSupreme Court of Pennsylvania · 1856
  2. Appeal of PowersSupreme Court of Pennsylvania · 1888
  3. Fernald v. FernaldSuperior Court of Pennsylvania · 1897
  4. Murray v. MurraySuperior Court of Pennsylvania · 1922

3Cited by8 opinions

  1. Hanson v. HansonSuperior Court of Pennsylvania · 1955
  2. Brady v. BradySuperior Court of Pennsylvania · 1951
  3. Black v. Black, Pennsylvania Court of Common Pleas, Philadelphia County1950
  4. Guilder v. Gunder, Pennsylvania Court of Common Pleas, Franklin County1948
  5. Roughsedge v. Roughsedge, Pennsylvania Court of Common Pleas, Luzerne County1944

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