Lentz v. Wallace
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit by Elizabeth Lentz, to recover from William Price, for boarding and lodging his wife and child. It was alleged that the wife had been expelled by the husband from his house, and had taken refuge with the plaintiff, in February, 1846. The declaration contained several counts, viz.: for use and occupation of apartments; on a quantum meruit for same; for apartments for the wife and son, &c.
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Error to the District Court, Philadelphia. This was an action of assumpsit by Elizabeth Lentz, to recover from William Price, for boarding and lodging his wife and child. It was alleged that the wife had been expelled by the husband from his house, and had taken refuge with the plaintiff, in February, 1846. The declaration contained several counts, viz.: for use and occupation of apartments; on a quantum meruit for same; for apartments for the wife and son, &c. The plea was non assumpsit and payment with leave. On the part of the plaintiff a bill of particulars had been furnished. In it it…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
This is an action against a husband to recover compensation for boarding his wife and child; and the plaintiff below, after establishing the fact that she had provided boarding for the defendant’s wife, offered in evidence the record of a former recovery for boarding her at a former period of time, not covered by the present action. The rule on this subject is stated with admirable clearness by Chief Justice De Grey, in the Duchess of Kingston’s case, 20 Howell’s St. Tr. 538; and Professor Green-leaf, in his work on evidence, informs us that…
2Cases cited1 opinion
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Ratterree v. SchonhardtSuperior Court of Pennsylvania · 1932
- Kapp v. ShieldsSuperior Court of Pennsylvania · 1901
- Barr v. Hueter, Pennsylvania Court of Common Pleas, Berks County1922
- Sharpless v. ZelleySuperior Court of Pennsylvania · 1911