39 Pa. Super. 150 | Pa. Super. Ct. | 1909
Opinion by
The plaintiff’s action is on an implied assumpsit for board, lodging, clothing, medical supplies, etc., furnished to the wife of the defendant who is the plaintiff’s daughter. The right of recovery is founded on the allegation that the defendant separated himself from his wife and children without legal cause and without having made provision for their maintenance as their necessities demanded and his financial condition permitted. The facts set forth in the declaration imposed on the plaintiff the burden of showing that the defendant’s wife was living apart from him for justifiable reasons, for an action would only lie against the husband for the maintenance of his wife, where she was separated from her husband, when such separation was for good cause, in the absence of an express agreement to that effect. Where a husband deserts his wife or wrongfully
The judgment is reversed with a venire facias de novo.