Allison v. Allison
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Indiana county. This was an appeal by Alexander M. Allison from the decree of the Common Pleas refusing to award an issue to try certain disputed facts in a proceeding commenced by his wife, Isabella, for a divorce a mensa et thoro, with alimony.
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Appeal from the Common Pleas of Indiana county. This was an appeal by Alexander M. Allison from the decree of the Common Pleas refusing to award an issue to try certain disputed facts in a proceeding commenced by his wife, Isabella, for a divorce a mensa et thoro, with alimony. The case was this: — On the 13th of May 1862, Isabella Allison, by her next friend, William Blair, preferred a libel against her husband, Alexander M. Allison, for divorce from bed and board, with alimony, &c., upon which a subpoena was regularly awarded, issued, and served. On the 22d September 1862, Alexander M.…
1Opinion of the Court
*323The opinion of the court was delivered, November 12th 1863, by
Thompson, J.
We think the learned judge of the Common Pleas decided rightly, when he held the application for an issue in this case too late. It was made just as the court were about to determine the case on the proofs taken before a commissioner, to whose appointment the appellant had assented, and before whom he appeared when the testimony was taken. The party had a right to an issue to try disputed facts, but he was bound to exercise his right reasonably and with vigilance. The taking of testimony before a commissioner was a step…
2Cited by5 opinions
- Bonomo v. BonomoSuperior Court of Pennsylvania · 1936
- Renard v. RenardSuperior Court of Pennsylvania · 1915
- Barnitz v. Barnitz, Pennsylvania Court of Common Pleas, Lehigh County1936
- Colflesh v. Colflesh, Pennsylvania Court of Common Pleas, Somerset County1956
- Geckle v. Geckle, Pennsylvania Court of Common Pleas, Montgomery County1945