Legal Opinion

Duncan v. Duncan

Supreme Court of Pennsylvania

Decided January 5, 1920No. 1; Appeal, No. 67PublishedCited by 24 opinions

Appeal, No. 67, Oct. T., 1919, by defendant, from decree of C. P. Cambria Co., June T., 1918, No. 1, on bill in equity in case of Mary E. Duncan y. Charles E. Duncan. Bill in equity by wife against husband for support under the Act of May 23,1907, P. L. 227, and its supplements of April 27,1909, P. L. 182, and July 21, 1913, P. L. 867. Before Bailey, P. J., specially presiding.

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Appeal, No. 67, Oct. T., 1919, by defendant, from decree of C. P. Cambria Co., June T., 1918, No. 1, on bill in equity in case of Mary E. Duncan y. Charles E. Duncan. Bill in equity by wife against husband for support under the Act of May 23,1907, P. L. 227, and its supplements of April 27,1909, P. L. 182, and July 21, 1913, P. L. 867. Before Bailey, P. J., specially presiding. The court entered a decree against defendant requiring him to pay $3,000 in cash and $2,000 annually. Defendant appealed. Error assigned, among others, was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiff filed a bill in equity against ber husband, averring he had deserted her without reasonable cause, and though being of sufficient ability had neglected or refused to provide suitable maintenance for her; and prayed, in accordance with the provisions of the Acts of May 23, 1907, P. L. 227; April 27, 1909, P. L. 1¿2, and July 21,1913, P. L. 867, the court to direct a seizure and sale or mortgage of sufficient of his estate to provide for her maintenance. The defendant’s answer denied he had deserted her without reasonable cause, and averred their…

2Cases cited8 opinions

  1. Haddock v. HaddockSupreme Court of the United States · 1906
  2. Reel v. ElderSupreme Court of Pennsylvania · 1869
  3. Mazet v. City of PittsburghSupreme Court of Pennsylvania · 1890
  4. Colvin v. ReedSupreme Court of Pennsylvania · 1867
  5. Bailey's EstateSupreme Court of Pennsylvania · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Melnick v. MelnickSuperior Court of Pennsylvania · 1941
  2. Delanoy v. DelanoyCalifornia Supreme Court · 1932
  3. Commonwealth Ex Rel. Cronhardt v. CronhardtSuperior Court of Pennsylvania · 1937
  4. Commonwealth v. YarnellSupreme Court of Pennsylvania · 1933
  5. Stone v. New Schiller B. & L. Ass'nSupreme Court of Pennsylvania · 1928

19 more not listed; retrieve them via the Exa API.

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