McBrien v. McBrien
Superior Court of Pennsylvania
Appeal, No. 35, March T., 19,16, by defendant, from decree of O. P. Lackawanna Go., Jan. T„ 1915, No. 461, awarding divorce in case of Edward B. McBrien v. Caroline I. McBrien. Libel for divorce. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree awarding divorce.
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Appeal, No. 35, March T., 19,16, by defendant, from decree of O. P. Lackawanna Go., Jan. T„ 1915, No. 461, awarding divorce in case of Edward B. McBrien v. Caroline I. McBrien. Libel for divorce. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree awarding divorce. In order for there to be a desertion after a mutual separation the husband must seek the wife’s return and he cannot without doing this ask for a divorce because of her desertion. His invitation for his wife to come and live with him or his proposal to return to her must be…
1Opinion of the Court
Opinion by
Henderson, J.,
Desertion is the cause of action set forth in the libel. The parties were married June 22,1904. In accordance with a previous arrangement they made their home with the respondent’s mother, who was the owner of a house in the city of Brooklyn, and continued to reside there until March 3,. 1911, during which time they had two children. On the date last stated the libellant left his home and took up his abode with his parents in New Jersey. His explanation of this action is that his mother-in-law ordered him to leave the house.. The relation between the parties had not…
2Cases cited3 opinions
- Bishop v. BishopSupreme Court of Pennsylvania · 1858
- Beck v. BeckSupreme Court of Pennsylvania · 1894
- Horn v. HornSuperior Court of Pennsylvania · 1901
3Cited by6 opinions
- Loughney v. LoughneySuperior Court of Pennsylvania · 1933
- Walsh v. WalshSuperior Court of Pennsylvania · 1935
- D'Alfonso v. D'AlfonsoSuperior Court of Pennsylvania · 1939
- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1918
- Dash v. DashSuperior Court of Pennsylvania · 1946
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