Legal Opinion

McCampbell v. McCampbell

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 110PublishedCited by 10 opinions

Appeal, No. 110, April T.¿ 1916,' by plaintiff, from decree of C. P. Allegheny Co., Jan. T., 1915, No. 1034, dismissing libel for divorce in case of J. H. Reid McCampbell v. Mary E. McCampbell. Libel for divorce. The facts appear.by the opinion of the Superior Court. Error assigned was- in dismissing the libel.

1Opinion of the Court

Opinion by

Henderson, J.,

To sustain an action of divorce for desertion it is necessary to prove'that the separation was not only wilful and malicious on the part of the respondent but that it continued so to be and that it was without the consent or encouragement of the libellant. There must be an actual abandonment of matrimonial cohabitation with intent to desert and this must have been wilfully and maliciously persisted in without cause for two years. Separation is not necessarily desertion for it may occur without wilfulness or malice. The learned trial judge reached the conclusion from a…

2Cited by10 opinions

  1. Pomerantz v. PomerantzSuperior Court of Pennsylvania · 1919
  2. Walsh v. WalshSuperior Court of Pennsylvania · 1935
  3. Burns v. BurnsSuperior Court of Pennsylvania · 1924
  4. Hill v. HillSuperior Court of Pennsylvania · 1929
  5. Donald v. DonaldSuperior Court of Pennsylvania · 1944

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