Legal Opinion

Penny v. Penny

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 44PublishedCited by 1 opinion

Appeal, No. 44, Jan. T., 1907, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1905, No. 43, discharging rule for divorce in case of Cory L. Penny v. Walter T. Penny. Libel for divorce. Before Halsey, J. The facts are stated in the opinion of the Superior Court. Error assigned was the order discharging the rule for divorce.

1Opinion of the Court

Opinion by

Orlady, J.,

From the record it appears that the libelant and respondent were married September 19, 1891, in New York city, and on November 15 of the same year remarried in Wilkes-Barre, Pa., which city had been the domicile of each for at least two years prior to their marriage, and they continued to reside there for about three years subsequently. In 1897, they removed to New York city, and continuously resided thereuntil June, 1903, when the husband notified the wife “ that he was going to Wilmington, North Carolina, and would not come back.” According to her testimony, on the same…

2Cases cited3 opinions

  1. Bishop v. BishopSupreme Court of Pennsylvania · 1858
  2. Reed v. ReedSuperior Court of Pennsylvania · 1906
  3. Rishel v. RishelSuperior Court of Pennsylvania · 1904

3Cited by1 opinion

  1. Hamill v. BoroughSuperior Court of Pennsylvania · 1912

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