Tholey's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1879, No 162. Appeal of Emma Tholey from the decree of the court sustaining the appeal of Mary Geiger from the decision of the register of wills in the matter of the estate of Philip J. Tholey, deceased. The decedent died January 7th 1879, and letters of administration were granted by the register two days subsequently unte Mary Geiger, a cousin of decedent.
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Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1879, No 162. Appeal of Emma Tholey from the decree of the court sustaining the appeal of Mary Geiger from the decision of the register of wills in the matter of the estate of Philip J. Tholey, deceased. The decedent died January 7th 1879, and letters of administration were granted by the register two days subsequently unte Mary Geiger, a cousin of decedent. On January 11th 1879, a petition was presented to the register by one Emma Tholey, setting forth that she was the lawful wife of the decedent in his lifetime, and is now…
1Opinion of the Court
*38The judgment of the Supreme Court was entered February 24th 1880,
2Per curiam
In civil cases, reputation and cohabitation are admitted as evidence of an actual marriage, not as constituting themselves a legal marriage. If it were not so, there would be no reason for the recognised distinction between civil and criminal cases. The admissions of the defendant even in a criminal case, are admissible to prove an actual marriage. When, however, we have the testimony of one of the parties as to the terms of the contract, and that shows that there was no contract by words in presentí,, all other evidence on the…
3Cited by17 opinions
- Baker v. MitchellSuperior Court of Pennsylvania · 1940
- Estate of MurdockSuperior Court of Pennsylvania · 1927
- Commonwealth ex rel. McDermott v. McDermottSuperior Court of Pennsylvania · 1975
- State v. NewmanMontana Supreme Court · 1923
- Balanti v. Stineman Coal & Coke Co.Superior Court of Pennsylvania · 1938
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