Commonwealth ex rel. McDermott v. McDermott

Dissenting Opinion by

Jacobs, J.:

This case presents the unusual issue of whether a valid common law marriage was entered into by the parties who had previously been married and divorced.

Maria J. McDermott, appellant, and John R. Mc-Dermott were married in Mgladbach, Germany, on October 26, 1948. Two sons were born of the marriage before it was ended by divorce in Germany on October 11, 1966. Soon thereafter, appellant and her two sons took up a residence in Harrisburg, Pennsylvania. Appellant and Mr. McDermott continued to correspond and in June of 1967, Mr. McDermott arrived at appellant’s…