Legal Opinion

Pitcairn v. Pitcairn

Supreme Court of Pennsylvania

Decided January 6, 1902No. Appeal, No. 134PublishedCited by 12 opinions

Appeal, No. 134, Oct. T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1901, dismissing bill in equity in case of Mary Pitcairn v. Robert Pitcairn, Dr. Ross Y. Pitcairn, individually and as Committee of Albert Pitcairn, Robert S. Pitcairn, Thomas C. Pitcairn, Alfred Pitcairn, Annie E. Gamber, Clara Pitcairn, Luella Pitcairn, Bertha Pitcairn and Albert Pitcairn. Bill in equity to declare a marriage valid.

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Appeal, No. 134, Oct. T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1901, dismissing bill in equity in case of Mary Pitcairn v. Robert Pitcairn, Dr. Ross Y. Pitcairn, individually and as Committee of Albert Pitcairn, Robert S. Pitcairn, Thomas C. Pitcairn, Alfred Pitcairn, Annie E. Gamber, Clara Pitcairn, Luella Pitcairn, Bertha Pitcairn and Albert Pitcairn. Bill in equity to declare a marriage valid. The bill alleged: 1. That Albert Pitcairn, one of the defendants, had become a lunatic, and that.the inquest had found that at the date of the taking of the…

1Opinion of the Court

Opinion by

Mr; Justice Potter,

This is an appeal from a decree dismissing a bill in equity, filed by the wife against a lunatic husband, his committee and his next of kin, to determine the validity or invalidity of the marriage as affected by the lunacy of the husband. It appears from the allegations of the bill, that plaintiff and Albert Pitcairn were married on August 29, 1897; that on the 19th day of April, 1901, under proceedings in lunacy, the said Albert Pitcairn was found to be a lunatic, and that he had been without lucid intervals for upwards of four years prior thereto.

The plaintiff…

2Cases cited3 opinions

  1. Appeal of the Bridesburg Manufacturing Co.Supreme Court of Pennsylvania · 1884
  2. Dohnert's AppealSupreme Court of Pennsylvania · 1870
  3. Davis v. GerhardSupreme Court of Pennsylvania · 1840

3Cited by12 opinions

  1. McClaskey v. Harbison-Walker Refractories Co.Court of Appeals for the Third Circuit · 1943
  2. Hogsett v. ThompsonSupreme Court of Pennsylvania · 1917
  3. Armstrong School District v. Armstrong Education Ass'nCommonwealth Court of Pennsylvania · 1972
  4. Eisenberg v. EisenbergSuperior Court of Pennsylvania · 1932
  5. Goodwin v. RodriguezSupreme Court of Pennsylvania · 1989

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