Snyder v. Snyder

Citations

• 57 Pa. Super. 575
• 1914 Pa. Super. LEXIS 238

Syllabus

<p>Husband and wife — Agreement for support — Bond.</p> <p>1. An agreement between a husband and wife made at a time when they were living separate and apart, by which the husband covenants to pay a monthly sum for the support of his wife in consideration of her withdrawing desertion proceedings which she had commenced against him, is a good and valid agreement, not contrary to public policy, is based upon sufficient consideration, and is of such a character that the wife may bring a suit in her own name to enforce it.</p> <p>2. In an action brought on the bond accompanying the agreement judgment may be entered for the wife in the full penal sum of the bond although execution will only be allowed to recover the installments as they become due.</p> <p>Affidavit of defense — Practice, C. P. — Failure to attach writing.</p> <p>3. An affidavit of defense which sets up a defense based upon a writing is insufficient if the writing is not attached to the affidavit.'</p>