Legal Opinion

Hartner v. Hartner

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 231PublishedCited by 11 opinions

Appeal, No. 231, Oct. T., 1920, by respondent, from decree of O. P. No. 1, Phila. Co., June T., 1918, No. 2082, granting a divorce in the case of Frederick W. Hartner v. Catherine Hartner. Libel in divorce. Before Patterson, J. Tbe facts are stated in tbe opinion of tbe Superior .Court. The case was referred to Michael A. Spatola, Esq., as master, who recommended a divorce. On exceptions to tbe master’s report tbe court overruled tbe exceptions and granted a divorce.

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Appeal, No. 231, Oct. T., 1920, by respondent, from decree of O. P. No. 1, Phila. Co., June T., 1918, No. 2082, granting a divorce in the case of Frederick W. Hartner v. Catherine Hartner. Libel in divorce. Before Patterson, J. Tbe facts are stated in tbe opinion of tbe Superior .Court. The case was referred to Michael A. Spatola, Esq., as master, who recommended a divorce. On exceptions to tbe master’s report tbe court overruled tbe exceptions and granted a divorce. Respondent appealed. Error assigned was tbe order of tbe court.

1Opinion of the Court

Opinion by

Orlady, P. J.,

Tbe testimony shows that tbe libellant and respondent were married December 31, 1913, at Philadelphia. Differences arose between them, and between January and October, 1914, tbe wife left tbe husband three times and returned to tbe home of her mother. Tbe relations between them continued to be friendly and they frequently met in their former home and at tbe home of tbe wife’s mother. Tbe date set by tbe libellant as tbe beginning of tbe desertion was June 27, 1917, when it is alleged that tbe wife “wilfully and maliciously deserted her husband and absented herself from…

2Cases cited2 opinions

  1. Neagley v. NeagleySuperior Court of Pennsylvania · 1915
  2. Sternberg v. SternbergSuperior Court of Pennsylvania · 1920

3Cited by11 opinions

  1. Loughney v. LoughneySuperior Court of Pennsylvania · 1933
  2. Kelley v. KelleySuperior Court of Delaware · 1946
  3. Carl v. Carl, Pennsylvania Court of Common Pleas, Perry County1943
  4. Dukenfield v. DukenfieldSuperior Court of Pennsylvania · 1955
  5. Dukenfield v. DukenfieldSuperior Court of Pennsylvania · 1955

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