Hornbake v. Hornbake
Superior Court of Pennsylvania
Appeal, No. 35, April T., 1919, by respondent, from judgment of C. P. Washington Co., Nov. T., 1916, No. 38, annulling a marriage contract in the case of Sybella Hornbake v. Joseph D. Hornbake. Action for annulment of marriage under the Act of April 11, 1859, P. L. 617, on the ground of a former subsisting marriage.
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Appeal, No. 35, April T., 1919, by respondent, from judgment of C. P. Washington Co., Nov. T., 1916, No. 38, annulling a marriage contract in the case of Sybella Hornbake v. Joseph D. Hornbake. Action for annulment of marriage under the Act of April 11, 1859, P. L. 617, on the ground of a former subsisting marriage. Before McIlvaiNe, P. J. On issue framed: “Was the marriage between the libellant and the respondent on the 19th day of July, 1910, void, for the reason of the fact that the said Joseph D. Hornbake had a wife living at said time, from whom he was not lawfully divorced, as charged…
1Opinion of the Court
Opinion by
Williams, J.,
This was an action for the annulment of a marriage on the ground of a valid subsisting former marriage.
The court below entered a decree, under the Act of April 14, 1859, P. L. 647, annulling the marriage. Respondent appeals and confines the argument to one point: Was the finding of the jury supported by sufficient competent testimony?
The first contention, that the alleged first wife was not competent to testify against her husband, has the unusual element of being to respondent’s disadvantage, whether she was or was not competent; if she was incompetent by reason of…
2Cases cited6 opinions
- Greenawalt v. McEnelleySupreme Court of Pennsylvania · 1877
- Rodebaugh v. SanksSupreme Court of Pennsylvania · 1833
- Feehley v. FeehleyCourt of Appeals of Maryland · 1916
- Wm. Drinkhouse's Est.Supreme Court of Pennsylvania · 1892
- Helffenstein v. ThomasSupreme Court of Pennsylvania · 1835
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- Commonwealth of Pa. v. CareySuperior Court of Pennsylvania · 1932
- Sullivan v. American Bridge Co.Superior Court of Pennsylvania · 1934
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