Legal Opinion

Elmer v. Elmer

Supreme Court of Pennsylvania

Decided July 13, 1882No. Appeal, No. 135PublishedCited by 5 opinions

Appeal, No. 135, Jan. T., 1892, by defendant, from decree of C. P. Lancaster Co., Dec. T., 1886, No. 21, discharging rule to set aside fi. fa. and ca. sa. to enforce payment of alimony. The facts as they appeared before the court below, Patterson, J., are stated, in substance, in the opinion of the Supreme Court. A decree of divorce a v. m. was entered March 3,1890, at which time the order for alimony was made.

1Opinion of the Court

Opinion by

Mb. Chief Justice Paxson,

This was a proceeding in divorce brought by William Elmer, the libellant, against his wife, Bellmina Elmer, on the ground of cruel and barbarous treatment. The action was brought under the first section of the Act of Assembly of May 8,1854, P. L. 644, which provides, inter alia, “ that in cases of divorce under this Act, if the application shall be made on the part of the husband, the court granting such divorce, shall allow such support or alimony to the wife, as her husband’s circumstances will admit of, and as the said court may deem just and proper.”

A…

2Cited by5 opinions

  1. Wargo v. WargoSuperior Court of Pennsylvania · 1957
  2. Commonwealth v. MorriseySuperior Court of Pennsylvania · 1942
  3. Wargo v. WargoSuperior Court of Pennsylvania · 1959
  4. Herman v. Herman, Pennsylvania Court of Common Pleas, Montour County1937
  5. Waltier v. Waltier, Pennsylvania Court of Common Pleas, Montgomery County1944

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