Legal Opinion

Appeal of Powers

Supreme Court of Pennsylvania

Decided May 7, 1888No. 153PublishedCited by 24 opinions

PROM THE DECREE OP THE COURT OP COMMON PLEAS OP CRAWPORD COUNTY. No. 153 January Term 1888, Sup. Ct.; court below, No. 91 February Term 1887, C. P. To the number and term of the court below Patrick H. Powers filed bis petition and libel praying a divorce from his wife Margaret Amelia Powers, representing: That on April 10, 1866, a marriage was contracted and celebrated between the libellant and Margaret Amelia Powers, the respondent, and although.....yet so it is, that the…

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PROM THE DECREE OP THE COURT OP COMMON PLEAS OP CRAWPORD COUNTY. No. 153 January Term 1888, Sup. Ct.; court below, No. 91 February Term 1887, C. P. To the number and term of the court below Patrick H. Powers filed bis petition and libel praying a divorce from his wife Margaret Amelia Powers, representing: That on April 10, 1866, a marriage was contracted and celebrated between the libellant and Margaret Amelia Powers, the respondent, and although.....yet so it is, that the said Margaret Amelia Powers in violation of said laws and her vows aforesaid has wilfully and maliciously deserted the…

1Opinion of the Court

Opinion,

Mu. Justice Paxson :

This decree must be reversed. The libellant alleges as his grounds for divorce (a) desertion, and (5) indignities to his person, etc. It is sufficient to say, briefly, that the desertion was not proved; nor was there even an attempt to prove it. The respondent did not leave her home ; on the contrary, she has continued to reside in it with her children down to the present time. If there was any desertion, it was on the part of the libellant.

The other ground for divorce is, that the wife offered such indignities to the person of the husband as to render his…

2Cases cited1 opinion

  1. Breinig v. BreinigSupreme Court of Pennsylvania · 1856

3Cited by24 opinions

  1. Fay v. FaySuperior Court of Pennsylvania · 1905
  2. Rutherford v. RutherfordSuperior Court of Pennsylvania · 1943
  3. Clark v. ClarkSuperior Court of Pennsylvania · 1947
  4. Lynn v. LynnSuperior Court of Pennsylvania · 1917
  5. Hartje v. HartjeSuperior Court of Pennsylvania · 1909

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