Whiffen v. Whiffen
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1919, by respondent, from decree of C. P. Allegheny Co., April T., 1917, No. 2358, granting a divorce in case of John W. Whiffen v. Mary M. Whiffen. Libel in divorce. Before Carnahan, J. The case was referred to F. J. Tyrell, Esq., as master, who recommended a divorce. Exceptions were filed to the master’s report, which were overruled by the court and a decree of divorce granted. Respondent appealed.
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Appeal, No. 30, April T., 1919, by respondent, from decree of C. P. Allegheny Co., April T., 1917, No. 2358, granting a divorce in case of John W. Whiffen v. Mary M. Whiffen. Libel in divorce. Before Carnahan, J. The case was referred to F. J. Tyrell, Esq., as master, who recommended a divorce. Exceptions were filed to the master’s report, which were overruled by the court and a decree of divorce granted. Respondent appealed. The opinion of the Superior Court states the case. Error assigned was decree granting the divorce.
1Opinion of the Court
Opinion by
Williams, J.,
This is an appeal from a decree granting a divorce a. v. m. to a husband on the ground of cruel and barbarous treatment.
The master’s findings indicate that he believed the testimony on behalf of libellant and disbelieved that of the respondent. In examining the record we are obliged to differ with the master in a number of material matters of fact.
The testimony shows that libellant was partly responsible for the domestic difficulties. He was getting stout; she mentioned it and he became very resentful; she became pregnant; he was very much hurt when she accused him of…
2Cases cited14 opinions
- Fay v. FaySuperior Court of Pennsylvania · 1905
- Hexamer v. HexamerSuperior Court of Pennsylvania · 1910
- Schulze v. SchulzeSuperior Court of Pennsylvania · 1907
- Aikens v. AikensSuperior Court of Pennsylvania · 1914
- Biddle v. BiddleSuperior Court of Pennsylvania · 1912
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