Shimp v. Gray

Citations

• 41 Pa. Super. 542
• 1910 Pa. Super. LEXIS 263

Syllabus

<p>Appeals — Practice—Jurisdiction of Superior Court — Affidavit of defense — Supplemental affidavit of defense.</p> <p>1. Where the.court below has discharged a rule for judgment for want of a sufficient affidavit of defense and the plaintiff has taken an appeal to the Superior Court, the latter court will not permit the defendant to file a supplemental affidavit of defense, averring certain facts which did not come to his knowledge until after the appeal had been taken, though in fact they happened prior to the institution of the suit.</p> <p>Husband and wife — Agreement of separation — Covenants.</p> <p>2. A valid agreement may be made which provides for the separation of husband and wife, and for a stipulated allowance for her support where the separation is inevitable and immediate, and the validity of such covenants has been established by repeated decisions. They are to be disposed of as contractual covenants without regard to their sentimental source, and are to be enforced and defended against as any other covenant.</p> <p>3. In an action by a wife against her husband to recover a weekly allowance provided for in articles of separation, an affidavit of defense is sufficient which avers that the plaintiff in violation of covenants of the agreement had the defendant arrested for nonsupport, had molested and annoyed him on the street, had threatened him, had circulated untrue stories about him, and had purchased goods and merchandise in his name, and had endeavored to persuade those from whom she had purchased to harass and sue the defendant.</p>