Legal Opinion

May v. May

Supreme Court of Pennsylvania

Decided July 6, 1869PublishedCited by 31 opinions

May 12th 1869. Before Thompson, C. J., Reed, Agknew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Cumberland county: of May Term 1869. No. 79. This was an action of debt by Elizabeth May, by her next friend, &c., against Daniel G. May, commenced March 27th 1868. The plaintiff was the wife of the defendant, who had left her husband : the action was brought under the Act of April 11th 1856, § 3 (Pamph.

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May 12th 1869. Before Thompson, C. J., Reed, Agknew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Cumberland county: of May Term 1869. No. 79. This was an action of debt by Elizabeth May, by her next friend, &c., against Daniel G. May, commenced March 27th 1868. The plaintiff was the wife of the defendant, who had left her husband : the action was brought under the Act of April 11th 1856, § 3 (Pamph. L. 315, Purd. 702, pl. 29), to recover from him her separate property. The plaintiff was the second wife of the defendant. The cause was tried January 23d 1869, before…

1Opinion of the Court

The opinion of the court was delivered,

by Williams, J.

This was an action by a wife against her husband for money which he had received for her use from the administrator of her father’s estate, and from the sale of her personal property. The wife had separated from her husband, and it was conceded, on both sides, that she was not entitled to maintain the action unless she had reasonable cause for leaving her husband; and whether his ill treatment of her was such as to justify her separation, was the main question in controversy in the court below. If it was such as to entitle her to a…

2Cases cited2 opinions

  1. Richards v. RichardsSupreme Court of Pennsylvania · 1857
  2. Clary v. Protection InsuranceOhio Supreme Court · 1833

3Cited by31 opinions

  1. Esenwein v. EsenweinSupreme Court of Pennsylvania · 1933
  2. Breene v. BreeneSuperior Court of Pennsylvania · 1921
  3. Krug v. KrugSuperior Court of Pennsylvania · 1903
  4. Howe v. HoweSuperior Court of Pennsylvania · 1901
  5. Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900

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