Baily v. Baily
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Chester county. This was an appeal by Mrs. Baily from the decree of the court below dissolving the marriage between her and her husband, John P. Baily, on his bill charging her with malicious desertion and absence without just cause, &e., from the 12th of September 1851 until July 13th 1861, when the petition was filed.
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Appeal from the Common Pleas of Chester county. This was an appeal by Mrs. Baily from the decree of the court below dissolving the marriage between her and her husband, John P. Baily, on his bill charging her with malicious desertion and absence without just cause, &e., from the 12th of September 1851 until July 13th 1861, when the petition was filed. The subpoena was duly served on her, but she made no resistance to the application or the decree, which was made November 30th 1861. On the 2d of July 1862, Mrs. Baily brought an action against her husband for certain articles of personal…
1Opinion of the Court
The opinion, of the court was delivered, by
Thompson, J'.
When this ease came on for argument in this court, the appellee was allowed to plead, in bar of the errors assigned, the record of a judgment in replevin, recovered by arbitration by the appellant, Mrs. Baily, against John P. Baily, her former husband, since the decree of divorce, for the purpose of estopping her from reversing that judgment; that being the foundation of her right to sue in her own name for the recovery of property in the possession of her former husband. To this plea the appellant’s counsel demurred generally, and thus…
2Cases cited3 opinions
- Boyd v. BoydSupreme Court of Pennsylvania · 1833
- Goodman v. LoseySupreme Court of Pennsylvania · 1842
- Smith v. JackSupreme Court of Pennsylvania · 1841