Ohlweiler v. Ohlweiler
Superior Court of Pennsylvania
Appeal, No. 14, April T., 1919, by respondent, from decree of C. P. Erie Co., Nov. T., 1915, No. 97, refusing petition to open, vacate and set aside a decree in divorce in the case of Frederick P. Ohlweiler v. Elizabeth J. Ohlweiler. Rule to open, vacate and set aside decree in divorce. Before Rossiter, P. J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Keller, J.,
On June 7, 1915, Frederick P. Ohlweiler obtained a divorce in Erie County, Pennsylvania, from his wife, Elizabeth J. Ohlweiler, on the ground of desertion. The subpoena in divorce had not been served on her and no appearance had been entered for her. The libellant died on January 29,1916. On July 3,1916, Elizabeth J. Ohlweiler presented her petition to the Court of Common Pleas of Erie County, setting forth that she was born on August 8, 1895, and was only nineteen years of age when the subpoena in divorce was issued and when the decree *520in divorce was granted as above…
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