Waldron v. Waldron
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Northumberland county. This was a libel for divorce by David Waldron against Jane Waldron, presented June 12th 1862, to Hon. Alexander Jordan, President Judge of the Court'of Common Pleas of Northumberland county. The libel alleged wilful and malicious desertion by the wife.
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Appeal from the decree of the Court of Common Pleas of Northumberland county. This was a libel for divorce by David Waldron against Jane Waldron, presented June 12th 1862, to Hon. Alexander Jordan, President Judge of the Court'of Common Pleas of Northumberland county. The libel alleged wilful and malicious desertion by the wife. On the 23d of July the respondent filed an answer, denying that she had deserted her husband, &c., and averring that his conduct was such as to render her condition intolerable, and life burdensome ; that she left home on a temporary visit to her mother, and offered…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— When an issue to try the facts asserted and denied in the libel and answer was prayed by the libellant, it was certainly proper for the court to direct the form of the issue or issues, and to require the other party to join therein. We think those adopted were well suited to the facts alleged and denied, aud such as the respondent could not refuse to join in.
It was not for her to determine, that the bill and answer formed a proper issue, and it is enough for us to know that those adopted gave her a fair and full opportunity to prove all…
2Cited by18 opinions
- Reiter v. ReiterSuperior Court of Pennsylvania · 1945
- Rutherford v. RutherfordSuperior Court of Pennsylvania · 1943
- Lynn v. LynnSuperior Court of Pennsylvania · 1917
- Hartje v. HartjeSuperior Court of Pennsylvania · 1909
- Naylor v. NaylorSuperior Court of Pennsylvania · 1915
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