Bishop v. Bishop
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Philadelphia. This was a libel for divorce from the bonds of matrimony, by Thomas Bishop against Charlotte Bishop.' The proceedings were regular, but ex parte, the defendant never having been within the jurisdiction of the court.
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Appeal from the Common Pleas of Philadelphia. This was a libel for divorce from the bonds of matrimony, by Thomas Bishop against Charlotte Bishop.' The proceedings were regular, but ex parte, the defendant never having been within the jurisdiction of the court. The libel set forth that the parties were married on the 4th January 1841, and that on the 4th July 1849, the defendant wilfully and maliciously deserted and absented herself from the habitation of the libellant, without any just or reasonable cause, and still persisted therein. The only witness examined was Q-eorgiana Penman, who…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— This is a libel for a divorce, by Thomas Bishop, a resident of Philadelphia, against Charlotte, his wife, a resident of England, and who never has been an inhabitant of Pennsylvania, even for a temporary purpose. The complaint set forth, is for wilful and malicious desertion. . This, as a cause of judicial separation of man and wife, is by no means general. It has its origin in municipal regulation, for a breach of the mutual contract, independent of moral considerations. In England, it is not a cause of divorce, while in Scotland, it is.…
2Cases cited2 opinions
- Dorsey v. DorseySupreme Court of Pennsylvania · 1838
- M'Dermott's AppealSupreme Court of Pennsylvania · 1844
3Cited by22 opinions
- Esenwein v. EsenweinSupreme Court of Pennsylvania · 1933
- Sleight v. SleightSuperior Court of Pennsylvania · 1935
- Ford v. FordSuperior Court of Pennsylvania · 1917
- Price v. PriceSuperior Court of Pennsylvania · 1924
- Celenza's EstateSupreme Court of Pennsylvania · 1932
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