Merrick v. Merrick
Superior Court of Pennsylvania
Appeal, No. 213, Oct. T., 1909, by plaintiff, from judgment of C. P. Chester Co., Jan. T., 1908, No. 57, on verdict for defendant in case of Richard Merrick, Jr., v. Lydia E. Merrick. Libel for divorce. Before Hemphill, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Henderson, J.,
The cause of action set forth in the libel was willful and malicious desertion. After the answer of the respondent was filed denying the fact alleged the complainant demanded a jury trial and from the judgment entered on the verdict this appeal is taken. We are now asked to declare that the evidence was insufficient to support the verdict and that the jury should have been instructed to find for the libelant. All of the testimony for the respondent is therefore to be taken as true and *15she is also entitled to the benefit of all the inferences which the jury might…
2Cases cited5 opinions
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
- Richards v. RichardsSupreme Court of Pennsylvania · 1860
- May v. MaySupreme Court of Pennsylvania · 1869
- Eshbach v. EshbachSupreme Court of Pennsylvania · 1854
3Cited by6 opinions
- Price v. PriceSuperior Court of Pennsylvania · 1924
- Thompson v. ThompsonSuperior Court of Pennsylvania · 1912
- Leonard v. LeonardSuperior Court of Pennsylvania · 1917
- Auch EstateSuperior Court of Pennsylvania · 1953
- Cunningham v. CunninghamSuperior Court of Pennsylvania · 1912
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