M'Dermott's Appeal
Supreme Court of Pennsylvania
LIBEL for divorce by Ann M’Dermott, late Ann Lynch, by her next friend, Francis Dimond, against John M’Dermott, in 'the Common Pleas of Montgomery county, in which a decree was made in favour of the libellant, and the respondent appealed.
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LIBEL for divorce by Ann M’Dermott, late Ann Lynch, by her next friend, Francis Dimond, against John M’Dermott, in 'the Common Pleas of Montgomery county, in which a decree was made in favour of the libellant, and the respondent appealed. The following libel was filed on the 19th August 1843: The petition of Ann M’Dermott, late Ann Lynch, by her next friend Francis Dimond, respectfully shows, that your libellant, on the 23d November 1831, was bound in holy matrimony, and married to a certain John M’Dermott, late of the parish of Knockbride, in the county of Cavan, Ireland, now of the borough…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
There is no question that the courts here have not jurisdiction of marital duties abroad; and were we required to decree alimony for'desertion before the parties were domiciled in the State, we would be bound to refuse it. But the refusal of a foreigner to receive his wife, when she has followed him hither, is a virtual turning of her out of doors. Our statute is a municipal regulation for the protection of the community as well as the wife. Now whatever may be the demerits of either party as to transactions in Ireland, about which we know…
2Cited by10 opinions
- Esenwein v. EsenweinSupreme Court of Pennsylvania · 1933
- Sleight v. SleightSuperior Court of Pennsylvania · 1935
- Bishop v. BishopSupreme Court of Pennsylvania · 1858
- Grove's AppealSupreme Court of Pennsylvania · 1861
- Conrad v. ConradSuperior Court of Pennsylvania · 1933
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