Brentlinger v. Brentlinger
Supreme Court of Pennsylvania
Theresa E. Brentlinger, by her next friend John C. Guldin, presented a petition to the Court of Common Pleas of Montgomery County,, praying for a divorce and alimony, which the court decreed. The respondent, John Brentlinger, entered an appeal to this court.
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Theresa E. Brentlinger, by her next friend John C. Guldin, presented a petition to the Court of Common Pleas of Montgomery County,, praying for a divorce and alimony, which the court decreed. The respondent, John Brentlinger, entered an appeal to this court. On a previous day, Rawle, Jun. for the appellee, obtained a rule to show cause why the appeal should not be dismissed, because no affidavit was made by the appellant, and filed with the record, that the appeal was not intended for delay.
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This is an appeal from the sentence of the Common Pleas, of Montgomery county, decreeing a separation from bed and board, and alimony. The decree was made the 28th of November, 1822, and the appeal taken by the respondent, was filed in the Supreme Court, the 12th of January, 1833, and the affidavit was filed the 5th oí March, 1833. The case comes before the court, on a rule, granted the 11th of March, 1833, to show cause why the appeal should not be dismissed, because no affidavit was made by the appellant, and jHied ivith the record, that…
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