Legal Opinion

Hinchcliff v. Hinchcliff

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 75PublishedCited by 2 opinions

Appeal, No. 75, April T., 1911, by libelant, from decree of C. P. Beaver Co., March T., 1908, No. 305, refusing divorce in suit of Marian Hinchcliff v. Felger Hinchcliff. Libel for divorce. Before Holt, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing divorce.

1Opinion of the Court

Opinion by

Beaver, J.,

The appellant seeks release from the marriage tie, based upon the desertion of her husband, which existed for three years, or thereabouts, continuously.

There is no doubt that the court had jurisdiction of the subject and of the parties, the marriage having taken place in January, 1903, and the libel filed January 22, 1909, the libelant having resided within the state, without interruption, between those dates.

The fact of desertion was clearly proved by two disinterested witnesses, as having occurred in 1906.

That there was no substantial ground for the husband’s leaving…

2Cases cited2 opinions

  1. McClurg's AppealSupreme Court of Pennsylvania · 1870
  2. Appeals of DetrickSupreme Court of Pennsylvania · 1888

3Cited by2 opinions

  1. Little v. LittleSuperior Court of Pennsylvania · 1914
  2. Hagan v. HaganSuperior Court of Pennsylvania · 1935

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