Hantz v. Sealy
Supreme Court of Pennsylvania
„____ __ ERROR. THIS was an action of assumpsit in the Common Pleas of York county, brought to August Term 1807, by Mary Sealy the plaintiff below, to recover the amount of the personal estate of Henry Sealy her late husband, bequeathed to her by his will. The Harr contained also a count for J fc "money had and received. The defendant pleaded; 1. Non assumpsit; 2..
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„____ __ ERROR. THIS was an action of assumpsit in the Common Pleas of York county, brought to August Term 1807, by Mary Sealy the plaintiff below, to recover the amount of the personal estate of Henry Sealy her late husband, bequeathed to her by his will. The Harr contained also a count for J fc "money had and received. The defendant pleaded; 1. Non assumpsit; 2.. Payment; 3. That the plaintiff was his wife. ’ TJpon the trial of the cause, the plaintiff’s counsel, in support of the first issue, offered in evidence the will of Henry , Seedy' dated the 21st of March 1798, and certified by the…
1Opinion of the Court
Tilghs^an C. J.
In the assignment of errors, several exceptions .are taken to the charge delivered by the President of the Court of Common Pleas, of which it is necessary to take, notice; but the main ground of defence is, that the plaintiffs could not support ■ an action, until the validity of the will was finally decided.
The defendant pleaded that he was married to the plaintiff, on which issue was joined, and it was objected that the júdge ought to have directed the jury that the evidence proved the marriage. The j udge laid down the law correctly. He told the jury that marriage was a civil…
2Cited by32 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Cartwright v. McGownIllinois Supreme Court · 1887
- Estate of MurdockSuperior Court of Pennsylvania · 1927
- Commonwealth v. StumpSupreme Court of Pennsylvania · 1866
- Topper v. PerrySupreme Court of Missouri · 1906
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