Baltimore & Ohio Railroad v. Veltri
Superior Court of Pennsylvania
Appeal, No. 195, April T., 1908, by-defendants, from decree of C. P. No. 1, Allegheny.Co., Sept. T., 1907, No. 730, on bill in equity in case of The Baltimore & Ohio Railroad Company v. Maria Yeltri and Maria D’Angelo. Bill in equity for interpleader. Before MacFarlane, J. The facts are stated in the opinion of the Superior Court. Error assigned was decree of the court in favor of Maria Yeltri.
1DissentMorrison, J.
I have no criticisms to make as to the statements of fact in the majority opinion, but I cannot agree with the legal conclusions therein.
It is agreed on all hands that Greco had a lawful wife in Italy, Maria Veltri, and that she is still living. Therefore, his marriage in this country in 1892 to Maria D’Angelo, the appellant, was illegal, but it is also agreed that the appellant acted in entire good faith supposing that she was the lawful wife of Greco and that her two children, the fruits of her union with him, were legitimate. Upon the conceded facts there can be no doubt that Greco was…
2Cases cited17 opinions
- Taylor v. MitchellSupreme Court of Pennsylvania · 1868
- Jones's EstateSupreme Court of Pennsylvania · 1905
- Pennsylvania Railroad v. WolfeSupreme Court of Pennsylvania · 1902
- Titsworth v. TitsworthSupreme Court of Kansas · 1889
- Sproul v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1902
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