Angier v. Angier
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia, No. 122, to January Term 1870. On the 15th of June 1867, William R. Angier presented his libel in divorce to the Court of Common Pleas of Philadelphia, averring his marriage on the 1st of June 1859, with Mary Jane Angier, and their cohabitation until November 2d 1866, and that from that day “ she hath wilfully and maliciously deserted and absented herself from the habitation of this libellant without any…
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Appeal from the decree of the Court of Common Pleas of Philadelphia, No. 122, to January Term 1870. On the 15th of June 1867, William R. Angier presented his libel in divorce to the Court of Common Pleas of Philadelphia, averring his marriage on the 1st of June 1859, with Mary Jane Angier, and their cohabitation until November 2d 1866, and that from that day “ she hath wilfully and maliciously deserted and absented herself from the habitation of this libellant without any just or reasonable cause, and still has continued and persisted in such desertion from that time to the present, a term of…
1Opinion of the Court
The opinion of the court was delivered, January 24th 1870, by
Thompson, C. J. —
One of the grounds for divorce from the bonds of matrimony contained in the Act of 13th of March 1815, is for wilful and malicious desertion, and absence of one party from the habitation of the other, without reasonable cause, for the space of, or during the period of two years. The applicant for a divorce on this ground must establish with sufficient certainty, each and every of these ingredients, as elements necessary to constitute desertion within the meaning of the act. They all must co-exist in proof, or no…
2Cases cited1 opinion
- Carter v. CookOhio Supreme Court · 1833
3Cited by29 opinions
- Esenwein v. EsenweinSupreme Court of Pennsylvania · 1933
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- McKrell v. McKrellSupreme Court of Pennsylvania · 1945
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Huston v. HustonSuperior Court of Pennsylvania · 1937
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