Legal Opinion

Costello v. Costello

Supreme Court of Pennsylvania

Decided May 8, 1899No. Appeal, No. 402PublishedCited by 5 opinions

Appeal, No. 402, Jan. T., 1897, by plaintiff, from judgment of C. P. Potter Co., June T., 1895, No. 133, on verdict for respondent. Libel for divorce. Before Olmsted, P. J. From the record it appeared that on April 1, 1895, John H. Costello filed his petition in the court of common pleas of Potter county, praying for a divorce from his wife, Sarah C. Costello, on the grounds of adultery.

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Appeal, No. 402, Jan. T., 1897, by plaintiff, from judgment of C. P. Potter Co., June T., 1895, No. 133, on verdict for respondent. Libel for divorce. Before Olmsted, P. J. From the record it appeared that on April 1, 1895, John H. Costello filed his petition in the court of common pleas of Potter county, praying for a divorce from his wife, Sarah C. Costello, on the grounds of adultery. The respondent appeared thereto by her attorneys; the pleadings included in addition to the petition a bill of particulars, an additional bill of particulars filed by the plaintiff, and an answer and bill of…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

This is a proceeding for a divorce from the bond of matrimony, and each party to it accuses the other of adultery. The respondent demanded and obtained a trial by jury which resulted in a verdict and judgment in her favor and an appeal by the libellant to this Court. The question raised by the first specification of error is whether the learned court below erred in permitting the respondent to call and interrogate the libellant as if on cross-examination. It is stoutly maintained by the learned counsel for the libellant that there is no warrant in our statutes…

2Cited by5 opinions

  1. Heimer v. HeimerSuperior Court of Pennsylvania · 1916
  2. Clawell v. ClawellSuperior Court of Pennsylvania · 1916
  3. Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
  4. Talley v. TalleySuperior Court of Pennsylvania · 1905
  5. Wisnewski v. WisnewskiSuperior Court of Pennsylvania · 1937

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