Ristine v. Ristine
Supreme Court of Pennsylvania
' Appeal from the decree of the Court of Common Pleas of Philadelphia County, dismissing, with costs, the libel of John Ristine, praying for a divorce from his wife Elizabeth Ristine. ' ■ The libel set forth that the parties were married on the nineteenth of November, 1819, ‘and lived together until November, 1823, and that since that time the respondent had “wilfully and maliciously deserted, and absented herself from the habitation of the libellant without any just or…
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' Appeal from the decree of the Court of Common Pleas of Philadelphia County, dismissing, with costs, the libel of John Ristine, praying for a divorce from his wife Elizabeth Ristine. ' ■ The libel set forth that the parties were married on the nineteenth of November, 1819, ‘and lived together until November, 1823, and that since that time the respondent had “wilfully and maliciously deserted, and absented herself from the habitation of the libellant without any just or reasonable cause, and such desertion'had persisted in for'the term of two years and upwards, and yet continued to absent…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy J.
We think that the Court of Common Pleas erred in rendering a judgment upon the demurrer in favour of the defendant. The proceeding in this case is founded upon our act of assembly, passed the thirteenth of March, 1815, Purd. Dig. 212. (1831). The first section enacts, that “ When a marriage hath been heretofore, or shall hereafter be contracted and celebrated between any two persons, and it shall be judged in the manner hereinafter mentioned, that either party at the time of. the contract, was, and still is naturally impotent or incapable of…
2Cited by16 opinions
- Howay v. HowayIdaho Supreme Court · 1953
- Green v. GreenSuperior Court of Pennsylvania · 1956
- Green v. GreenCourt of Appeals of Maryland · 1915
- Redington v. RedingtonColorado Court of Appeals · 1892
- Buerfening v. BuerfentngSupreme Court of Minnesota · 1877
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