Ingersoll v. Ingersoll
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Philadelphia. This was a proceeding in the court below on the petition of Jane C. Ingersoll, by her next friend Lewis A. Trnefitt, against Jared Ingersoll, for a divorce on the ground of desertion. The libel set forth the marriage of the parties on the 5th of August 1858, and the good conduct of libellant.
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Appeal from the Common Pleas of Philadelphia. This was a proceeding in the court below on the petition of Jane C. Ingersoll, by her next friend Lewis A. Trnefitt, against Jared Ingersoll, for a divorce on the ground of desertion. The libel set forth the marriage of the parties on the 5th of August 1858, and the good conduct of libellant. That libellant left her husband in Philadelphia to visit her relatives in New York, on or about July 1st 1859, remaining there until the month of October 1860, when she returned to Philadelphia to reside with her grandfather. That said going to and remaining…
1Per curiam
The neglect of the husband to provide for his wife, as he was bound to do, and his acquiescence in her leaving him to seek from her kinsfolk the support which he owed her, are fully established in -the proofs, but evidence is wholly wanting of that ‘ ‘ wilful and malicious desertion and absence from the habitation of the wife, without a reasonable cause for and during the term and space of two years,” which is necessary under our statute to support her libel for a divorce.
Separation is not desertion. Desertion is an actual abandonment of matrimonial cohabitation, with an intent to desert,…
2Cited by56 opinions
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- King v. KingSuperior Court of Pennsylvania · 1908
- Mertz v. MertzSuperior Court of Pennsylvania · 1935
- Neagley v. NeagleySuperior Court of Pennsylvania · 1915
- Lodge's EstateSupreme Court of Pennsylvania · 1926
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