Hultz v. Gibbs

Citations

• 66 Pa. 360
• 1870 Pa. LEXIS 299

Syllabus

<p>1. When a husband without reasonable cause forces his wife to withdraw from him, without any means of support, the law implies that he has given her credit to supply herself with such, necessaries as are suitable for her.</p> <p>2. In order to recover for necessaries furnished a wife under such circumstances, the party claiming must make out a case negativing a captious voluntary abandonment by the wife and show that she has been turned out or forced to leave the husband’s residence.</p> <p>3. A rule of court provided that if a plaintiff should file “ the items of his claim and statement of facts necessary to support it” * * * such facts as should not be denied by an affidavit of defence should be taken as admitted. It seems, that in a claim for necessaries furnished a deserted wife, the plaintiff should state such facts as would bring him within the rule authorizing him to furnish the necessaries.</p> <p>4. A plaintiff filed a claim against a husband, specifying the items, for boarding his wife; the defendant’s affidavit was that he was “not indebted to plaintiff in any sum whatever,” that if he boarded his wife it was without his consent; that “ she had voluntarily left his house without cause as the plaintiff knew and affiant here denies the affidavit of claim.” Meld, sufficient to prevent the claim being read in evidence.</p>