Evans v. Evans

Opinion by

Stadtfeld, J.,

In this action of divorce the husband charged Ms wife with cruel and barbarous treatment and indigMties to the person, such as to render his condition intolerable and life burdensome. The case was heard by Judge Eagen without a jury. The charge of cruel and barbarous treatment was not pressed or considered. The court below granted a 'divorce on the ground of indignities alone, and from that decree this appeal was taken by the respondent wife.

In Walker v. Walker, 109 Pa. Superior Ct. 539, 167 A. 446, this court said, p. 541: “In the absence of a jury trial, we are…