Legal Opinion

Catts v. Catts

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 137PublishedCited by 14 opinions

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Appeal, No. 137, Oct. T., 1907, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sept. T., 1904, No. 239, setting aside divorce in case of Robert M. Catts v. Ola J. Catts. Rule to show cause why decree of divorce should not be open. The facts appear by the opinion of the Superior Court. Error assigned was'order making absolute rule to open decree in divorce. — We take it to be a primary principle of law that a decree of a court of competent jurisdiction cannot be opened after term time except for fraud: O’Donnell v. Flanigan, 9 Pa. Superior Ct. 136. The case of Hocking v. Hocking, 26 Pa.…

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant obtained a decree of divorce April 3, 1905. There was a reference to a master, his report recommending a divorce, a rule for a final decree and proof of service of the rule, in due course before the decree was entered. Nearly two years thereafter the respondent presented a petition to have the decree set aside on the allegation that the understanding of the petitioner was that she and her husband were to sign separation papers; that when she afterward learned that her husband had sued for a divorce she called upon an attorney and authorized him to act for…

2Cases cited1 opinion

Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898

3Cited by14 opinions

Nixon v. NixonSupreme Court of Pennsylvania · 1938
Wisecup v. WisecupSuperior Court of Pennsylvania · 1959
Loiacono v. LOIACONOSuperior Court of Pennsylvania · 1955
Masciulli v. MasciulliSuperior Court of Pennsylvania · 1961
McLaughlin v. McLaughlinSuperior Court of Pennsylvania · 1962

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