Cunningham v. Cunningham
Superior Court of Pennsylvania
Appeal, No. 30, Oct. T., 1911, by defendant, from decree of C. P. No. 1, Phila. Co., June T., 1910, No. 3,648, on bill in equity in suit of Irene D. Cunningham v. Clement Remington H. Cunningham. Bill in equity by a wife against her husband for support. Before Magill, J. The facts are stated in the opinion of the Superior Court. Error assigned was decree allowing plaintiff $100 per month.
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Appeal, No. 30, Oct. T., 1911, by defendant, from decree of C. P. No. 1, Phila. Co., June T., 1910, No. 3,648, on bill in equity in suit of Irene D. Cunningham v. Clement Remington H. Cunningham. Bill in equity by a wife against her husband for support. Before Magill, J. The facts are stated in the opinion of the Superior Court. Error assigned was decree allowing plaintiff $100 per month. It is respectfully submitted that a court of equity will not necessarily require the husband to prove a case which would entitle him to a divorce in order to show a reasonable cause for his separation from…
1Opinion of the Court
Opinion by
Orlady, J.,
The bill in equity in this case is filed by the wife, under the Act of May 23, 1907, P. L. 227, as amended by the Act of April 27, 1909, P. L. 182, to compel her husband to maintain and support her.
The act provides: “If any man shall separate himself from his wife without reasonable cause, and, being of sufficient ability, shall neglect or refuse to provide suitable maintenance for his said wife, such wife shall be and is hereby empowered to bring her action at law or in equity, against such husband, for maintenance, in the court of common pleas where the desertion…
2Cases cited5 opinions
- Kilborn v. FieldSupreme Court of Pennsylvania · 1875
- Platt v. PlattSuperior Court of Pennsylvania · 1909
- Yetter v. YetterSuperior Court of Pennsylvania · 1911
- Merrick v. MerrickSuperior Court of Pennsylvania · 1910
- Commonwealth v. DilksSuperior Court of Pennsylvania · 1911
3Cited by3 opinions
- Scott v. ScottSuperior Court of Pennsylvania · 1922
- Clark v. ClarkPennylvania Municipal Court, Philadelphia County · 1932
- Commonwealth ex rel. Bordlemay v. Bordlemay, Pennsylvania Court of Common Pleas, Lebanon County1963