Bortell v. Bortell
Superior Court of Pennsylvania
Appeal, No. 107, Oct. T., 1921, by respondent, from decree of O. P. No. 1, Phila. Co., Sept. T., 1919, No. 1907, granting a divorce a vinculo matrimonii in the case of Elmer E. Bortell v. May T. Bortell. Libel in divorce on the grounds of cruel and barbarous treatment and indignities to the person.
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Appeal, No. 107, Oct. T., 1921, by respondent, from decree of O. P. No. 1, Phila. Co., Sept. T., 1919, No. 1907, granting a divorce a vinculo matrimonii in the case of Elmer E. Bortell v. May T. Bortell. Libel in divorce on the grounds of cruel and barbarous treatment and indignities to the person. Before Shoemaker, J. The case was referred to John E. Walsh, Esq., as master, who found that the respondent had been guilty of misconduct toward the libellant, consisting mostly of the calling of names and the throwing of china, glassware, brushes and such articles at him, but, in view of the…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The statement of the question involved as submitted by the appellee fairly presents the question in this case. Where a husband is compelled to leave his wife because of her treatment amounting to cruelty and indignities within the terms of the statute, and they are afterward reconciled and live together, when he is again compelled to leave her because of the recurrence of similar actions; first, does the reconciliation amount to a condonation of the wife’s conduct previous to the first separation, so as to prevent its being considered in the divorce? second, should the…
2Cases cited6 opinions
- Fay v. FaySuperior Court of Pennsylvania · 1905
- Hexamer v. HexamerSuperior Court of Pennsylvania · 1910
- Russell v. RussellSuperior Court of Pennsylvania · 1908
- Augenstein v. AugensteinSuperior Court of Pennsylvania · 1911
- Mamaux v. MamauxSuperior Court of Pennsylvania · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nixon v. NixonSupreme Court of Pennsylvania · 1938
- Greer v. GreerSuperior Court of Pennsylvania · 1955
- Andrew v. AndrewSuperior Court of Pennsylvania · 1940
- Davis v. Davis, Pennsylvania Court of Common Pleas, Philadelphia County1930
- Moore v. Moore, Pennsylvania Court of Common Pleas, Philadelphia County1926