Timney v. Timney
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1902, by plaintiff, from order of C. P. No. 3, Dec. T., 1900, No. 10, refusing a decree of divorce in case of Andrew J. Timney v. Jennie Timney. Libel for divorce. The master, David N. Fell, Jr., Esq., recommended that a decree of divorce should be refused on the ground that the subpoena and the libel had not been served by the sheriff. The court sustained the master’s recommendation. Error assigned was order refusing a decree of divorce.
1Opinion of the Court
Opinion by
Orlady, J.,
Rule 16, section 5, of the courts of common pleas of Philadelphia county, provides that in divorce cases “ the subpoena, copy of the libel and notice, and prayer and answer, shall be *539served by the sheriff upon the respondent, if he is within the county.” It is conceded that the respondent in this case was not served as provided by the rule, for which reason, the master appointed by the court below recommended that the decree of divorce, a vinculo matrimonii, prayed for in the libel, be refused ; the exceptions to the report were dismissed by the court, and the report was…
2Cases cited2 opinions
- Flisher v. AllenSupreme Court of Pennsylvania · 1891
- Fillman's AppealSupreme Court of Pennsylvania · 1882
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