Legal Opinion

Bauder's Appeal

Supreme Court of Pennsylvania

Decided March 14, 1887PublishedCited by 15 opinions

Appeal from the decree of the Court of Common Pleas of Lehigh county : Of July Term 1886, No. 110. Appeal by Emma E. Bauder from a decree of said court decreeing a divorce from the bonds of matrimony in a proceeding wherein lier husband, John J. Bauder, was the petitioner and she was the respondent.

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Appeal from the decree of the Court of Common Pleas of Lehigh county : Of July Term 1886, No. 110. Appeal by Emma E. Bauder from a decree of said court decreeing a divorce from the bonds of matrimony in a proceeding wherein lier husband, John J. Bauder, was the petitioner and she was the respondent. The petition alleged as the ground of divorce that the said Emma E. Bauder, his wife, on the 25th day of July, 1882, had willfully and maliciously deserted him, her husband, and had absented herself from his habitation without any just or reasonable cause and that she had persisted in the…

1Opinion of the CourtChief Justice Mercur

The libellant applied for a divorce from his wife, on the ground of alleged desertion. The desertion being denied an issue was found and tried. On that issue the jury returned a verdict in May, 1885, finding that the respondent, the appellant, willfully and maliciously deserted and absented herself from the habitation of the libellant, without any just or reasonable cause, and that such desertion had been persisted in for two years and upwards. This finding of facts if correct sustains the decree.

The counsel for the appellant contends the verdict is wrong, by reason of a decree in the Quarter…

2Cited by15 opinions

  1. Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
  2. Hahn v. BealorSupreme Court of Pennsylvania · 1890
  3. Wald v. WaldCourt of Appeals of Maryland · 1931
  4. Estate of A.S. MehaffeySuperior Court of Pennsylvania · 1931
  5. Carey v. CareySuperior Court of Pennsylvania · 1904

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