Fitler v. Fitler
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of assumpsit hy Anna M. Eitler against Theophilus Eitler, for money expended by the plaintiff in the support and maintenance of the defendant’s minor son.
Read the full summary
Certificate from the Court of Nisi Prius. This was an action of assumpsit hy Anna M. Eitler against Theophilus Eitler, for money expended by the plaintiff in the support and maintenance of the defendant’s minor son. The defendant pleaded non assumpsit, and the statute of limitations; and on the trial, the jury found the following special verdict:— That the above parties were duly married in June 1841. That a son, the fruit of said marriage, was born in April 1842. That on the 19th day of October 1844, a divorce of the parties was decreed on the libel of the husband, charging the wife with…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
It is not a true contract, inferred or implied from circumstances, that the plaintiff relies on. Such a one must be .found by the jury before it can be enforced, and here it is not. But her reliance is on a constructive or fictitious contract, adopted by the law for the purpose of sustaining an action of assumpsit where a duty to pay arises out of the facts: 29 State R. 467.
Then the question is, what legal duty has the defendant violated in relation to this child or its mother ? D.id he wrong the *57mother by gratifying her wishes, and…
2Cited by7 opinions
- Commonwealth Ex Rel. Smith v. GillmorSuperior Court of Pennsylvania · 1929
- Cassas v. CassasWyoming Supreme Court · 1954
- Cirucci v. Brasili, Pennsylvania Court of Common Pleas, Westmoreland County1951
- Commonwealth v. CummerickMercer County Court of Quarter Sessions · 1949
- Commonwealth v. StraubCambria County Court of Quarter Sessions · 1925
2 more not listed; retrieve them via the Exa API.