Van Dyke v. Van Dyke
Supreme Court of Pennsylvania
APPEAL BY LIBELLANT EROM THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 289 January Term 1890, Sup. Ct.; court below, No. 21 March Term 1889, C. P. No. 4. On February 2,1889, upon the libel of Thomas E. Van Dyke, charging his wife, Elnor J. Van Dyke, with wilful and malicious desertion of the libellant, and praying for a decree of divorce a vinculo matrimonii, the court awarded a subpoena which subsequently was served upon the respondent in person.
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APPEAL BY LIBELLANT EROM THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 289 January Term 1890, Sup. Ct.; court below, No. 21 March Term 1889, C. P. No. 4. On February 2,1889, upon the libel of Thomas E. Van Dyke, charging his wife, Elnor J. Van Dyke, with wilful and malicious desertion of the libellant, and praying for a decree of divorce a vinculo matrimonii, the court awarded a subpoena which subsequently was served upon the respondent in person. On April 6, 1889, the case was referred to Mr. J. Henry Williams, as master. On April 18th, the respondent filed an answer to the…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
We agree with the learned judge of the Common Pleas, that incompatibility of temper is not a cause for divorce in Pennsylvania, and we may add that it will not justify an abandonment by the husband or wife of his or her marital obligations and duties. If there is anything settled in the law of divorce, it is that the reasonable cause which will justify a desertion must be such as will authorize a dissolution of the marriage bond. Where a desertion is conceded or appears, and is without sufficient legal reasonable cause, it is presumed to be wilful and malicious,…
2Cases cited4 opinions
- Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
- McClurg's AppealSupreme Court of Pennsylvania · 1870
- Bealor v. HahnSupreme Court of Pennsylvania · 1887
- Appeals of DetrickSupreme Court of Pennsylvania · 1888
3Cited by21 opinions
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- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- Nacrelli v. NacrelliSupreme Court of Pennsylvania · 1926
- Mertz v. MertzSuperior Court of Pennsylvania · 1935
- Rosa v. RosaSuperior Court of Pennsylvania · 1928
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