Ames v. Ames
Superior Court of Pennsylvania
Appeal, No. 17, Jan. T., 1898, by defendant, from decree of C. P. Wayne Co., Oct. T., 1896, No. 88, confirming decree of court awarding payment of alimony and counsel fee in divorce. Porter, J., dissents. Petition for allowance for counsel fees and maintenance pendente lite. Before Archbald, P. J., of tbe 45th judicial district, specially presiding.
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Appeal, No. 17, Jan. T., 1898, by defendant, from decree of C. P. Wayne Co., Oct. T., 1896, No. 88, confirming decree of court awarding payment of alimony and counsel fee in divorce. Porter, J., dissents. Petition for allowance for counsel fees and maintenance pendente lite. Before Archbald, P. J., of tbe 45th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court below as follows: The first question is one of jurisdiction; the libellant — it is said — is not a resident of this county, but of Brooklyn, N. Y., and is not entitled in consequence to…
1Opinion of the Court
Opinion by
Rice, P. J.,
This libel was filed in the county where the parties resided when the alleged cause for divorce arose, and where the defendant still resides, and the subpcena was served upon him. The fact that the petitioner was compelled to go elsewhere in order to earn a living, she not having any other residence in this state outside of the domicil of her husband, was not sufficient to prevent the court from taking jurisdiction. The majority of this court are of opinion that the case was correctly decided for the reasons given by the learned president judge of the 45th district…
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