Department of Public Assistance v. Hurlbutt

Humes, J.,

This matter comes before us on an affidavit of defense raising questions of law. Action was brought in assumpsit by plaintiff against husband and wife to require them to repay pecuniary assistance granted by plaintiff to defendant wife. The wife is now dead, and the husband seeks to have the court enter judgment for him and against plaintiff on the ground that he “is not legally liable and responsible for the repayment of moneys alleged to have been paid to Emma Hurlbutt by the Commonwealth of Pennsylvania through . . . the Department of Public Assistance.”

*467In support of defendant’s…