Legal Opinion

Middleton v. Middleton

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 109PublishedCited by 90 opinions

Appeal, No. 109, Jan. T., 1897, by defendant, from decree of C. P. No. 4, Pliila. Co., Sept. T., 1895, No. 25, in divorce. Libel in divorce. The facts appear by tbe opinion of the Supreme Court, Errors assigned, were in dismissing exceptions to master's report, and in making absolute rule for divorce.

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Appeal, No. 109, Jan. T., 1897, by defendant, from decree of C. P. No. 4, Pliila. Co., Sept. T., 1895, No. 25, in divorce. Libel in divorce. The facts appear by tbe opinion of the Supreme Court, Errors assigned, were in dismissing exceptions to master's report, and in making absolute rule for divorce. Marriage and family relation lie at the very basis of social life, and the deep stake society has in their sanctity has led courts to be strict in the construction of the causes of divorce: Edmond’s App., 57 Pa. 282; Richards v. Richards, 37 Pa. 225. While in common-law cases the verdict of the…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The parties were married on April 14, 1858, and cohabited together until August 8, 1893, when the libellant alleges that his wife wilfully and maliciously deserted him, and at the date of the commencement of this proceeding, August 9, 1895, had absented herself from Iris habitation for a period of more than two years. The wife, in her answer, denies the desertion, and avers that her husband deserted her. On November 6, 1895, the court appointed Albert B. Kelley, Esq., master. The decree for this appointment is not printed. We infer, however, from the designation…

2Cases cited8 opinions

  1. Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
  2. Richards v. RichardsSupreme Court of Pennsylvania · 1860
  3. Angier v. AngierSupreme Court of Pennsylvania · 1870
  4. Edmond's AppealSupreme Court of Pennsylvania · 1868
  5. Van Dyke v. Van DykeSupreme Court of Pennsylvania · 1890

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3Cited by90 opinions

  1. Esenwein v. EsenweinSupreme Court of Pennsylvania · 1933
  2. Remick v. RemickSuperior Court of Pennsylvania · 1983
  3. Nacrelli v. NacrelliSupreme Court of Pennsylvania · 1926
  4. Fay v. FaySuperior Court of Pennsylvania · 1905
  5. Howe v. HoweSuperior Court of Pennsylvania · 1901

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