Appeal from order of Court of Common Pleas of York County, Aug. T., 1967, No. 277, in case of The Johns Hopkins Hospital v. Ada Delhamer.
Daniel W. Shoemaker, for appellant.
Frank B. Boyle, for appellee.
Bell, C. J., Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Jones took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice Roberts.
Since the passage of the Act of April 11, 1848, P. L. 536, 48 P.S. §§ 64 and 116, we have held on innumerable occasions that in order to bind a married woman's separate estate for medical services rendered herself and family it must be shown that those medical services were rendered at her request and on her credit.
Appellant would have us ignore the long line of cases that would permit a creditor to recover against the wife's individual estate only in the event that the debt was contracted by the wife. Moore v. Copley, 165 Pa. 294, 30 Atl. 829 (1895); Sawtelle's Appeal, 84 Pa. 306 (1877); Berger v. Clark, 79 Pa. 340 (1876); Parke v. Kleeber & Bros., 37 Pa. 251 (1860), and Murray Page 476} v. Keyes, 35 Pa. 384 (1860). The legislature has had ample opportunity to amend the Act of 1848 and disaffirm the interpretation placed upon it since Murray v. Keyes, supra. Since the legislature has refused to do this, we will reaffirm our interpretation of the Act.
In this litigation we do not find it necessary to determine whether a liquor license in decedent's name and subject to inheritance tax as part of decedent's estate is to be considered an asset of decedent's estate for distributive purposes. Jurisdiction to determine whether a liquor license in decedent's name at his death was an asset of decedent's estate is in the orphans' court; thus any determination made in the court of common pleas was without judicial competence.
Dissenting Opinion by Mr. ...