Legal Opinion

Hollister v. Hollister

Supreme Court of Pennsylvania

Decided October 9, 1847PublishedCited by 16 opinions

Appeal from the Common Pleas of Yenango county. Sept. 28. The appellee filed a libel for divorce a mensa et thoro, and for alimony, averring a marriage with appellant in 1885, with whom she lived until 1842, when she left him on account of cruel treatment, and that she “ is a resident in this state, and has resided here more than one year prior to the filing of this libel.” The appellant pleaded that the causes of divorce had happened in Ohio.

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Appeal from the Common Pleas of Yenango county. Sept. 28. The appellee filed a libel for divorce a mensa et thoro, and for alimony, averring a marriage with appellant in 1885, with whom she lived until 1842, when she left him on account of cruel treatment, and that she “ is a resident in this state, and has resided here more than one year prior to the filing of this libel.” The appellant pleaded that the causes of divorce had happened in Ohio. On the trial it appeared that prior to 1841 the husband (appellant) had been guilty of barbarous treatment of the wife by excessive beating, &c. In…

1Opinion of the Court

Coulter, J.,

(after stating the case.) — The practice of the Court of Chancery in England is to disallow depositions taken *451by a commissioner, when the party procuring it was present with the commissioners at the time of taking it. The party, his solicitor or agent, procures the attendance of the witnesses before the commissioner, but must withdraw while it is being taken. The authority of our courts to obtain evidence of witnesses not within the state, is derived from the 6th section of the 5th art. of the constitution, which provides that for that purpose they shall have the same power as a…

2Cases cited2 opinions

  1. Dorsey v. DorseySupreme Court of Pennsylvania · 1838
  2. Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1809

3Cited by16 opinions

  1. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  2. Boyer v. BoyerSuperior Court of Pennsylvania · 1957
  3. Gearing v. GearingSuperior Court of Pennsylvania · 1924
  4. Greer v. GreerSuperior Court of Pennsylvania · 1955
  5. Epstein v. EpsteinSuperior Court of Pennsylvania · 1928

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