Magill's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Allegheny county: No. 52, to' October and November Term 1868. On the 27th of July 1867 William Magill presented to the Court of Common' Pleas his libel asking to be divorced from his wife, Lavinia Magill, on the ground of her desertion. A subpoena in divorce was accordingly issued, returnable on the 1st Monday of September, and was served on the respondent August 2d.
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Appeal from the decree of the Court of Common Pleas of Allegheny county: No. 52, to' October and November Term 1868. On the 27th of July 1867 William Magill presented to the Court of Common' Pleas his libel asking to be divorced from his wife, Lavinia Magill, on the ground of her desertion. A subpoena in divorce was accordingly issued, returnable on the 1st Monday of September, and was served on the respondent August 2d. On the 31st of August the respondent obtained a rule on the libellant to show cause why an order should not be made that he should pay her a reasonable sum for her support…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Thompson, C. J.
Rules are indispensable aids in ,the routine business of courts, and to this only they properly apply. Being subject to the authority which gives them existence, they are administered in subordination to the rights and equities of suitors. In other words, they are not to be instrumentalities to defeat those rights; but their provisions are always adhered to, when in any neglect of them, rights have accrued which it would be inequitable or unjust to disturb. When, however, a failure to *432comply with their requirements in…
2Cited by10 opinions
- Neagley v. NeagleySuperior Court of Pennsylvania · 1915
- Bonomo v. BonomoSuperior Court of Pennsylvania · 1936
- Curran v. James Regulator Co.Superior Court of Pennsylvania · 1943
- Barnitz v. Barnitz, Pennsylvania Court of Common Pleas, Lehigh County1936
- Chambers v. Chambers, Pennsylvania Court of Common Pleas, Philadelphia County1939
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