Schofield v. Schofield
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1911, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., Dec. T., 1909, No. 2,048, dismissing libel in case of Sarah Batty Schofield v. Charles S. Schofield. Libel for divorce. The opinion of the Superior Court states the facts.
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Appeal, No. 8, Oct. T., 1911, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., Dec. T., 1909, No. 2,048, dismissing libel in case of Sarah Batty Schofield v. Charles S. Schofield. Libel for divorce. The opinion of the Superior Court states the facts. Error assigned was decree dismissing the libel. — Although the general rule is that a marriagé which is valid by the law of the place where it is solemnized is valid everywhere, and admitting for the purpose of argument that the marriage in the present case was valid in Delaware, where it was solemnized, nevertheless the above general…
1Opinion of the Court
Opinion by
Porter, J.,
The parties to this proceeding in divorce are “of kin *567of the degree of first cousins;” both are natives of Pennsylvania and were domiciled in this state on April 15, 1906, when, each knowing that because of their relationship they could not lawfully be joined in marriage in this state, they went to Wilmington in the state of Delaware and were there married. They returned to the state of Pennsylvania shortly after the marriage ceremony and here lived as man and wife, two children, now living, having been the fruit of the marriage. The libelant left the house of respondent…
2Cases cited8 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Estate of StullSupreme Court of Pennsylvania · 1898
- Phillips v. GreggSupreme Court of Pennsylvania · 1840
- Dorsey v. DorseySupreme Court of Pennsylvania · 1838
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3Cited by20 opinions
- Commonwealth v. CusterSuperior Court of Pennsylvania · 1941
- Maurer v. MaurerSuperior Court of Pennsylvania · 1948
- Headen v. Pope & Talbot, Inc.Court of Appeals for the Third Circuit · 1958
- Dodds v. P., M. & B. Railways Co.Superior Court of Pennsylvania · 1932
- In Re Naturalization of MayallDistrict Court, E.D. Pennsylvania · 1957
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