Tobin v. Tobin
Superior Court of Pennsylvania
Appeal, No. 44, March T., 1915, by defendant, from decree of C. E. Lackawanna Co., March T., 1914, No. 790, granting divorce in case of Eliza M. Tobin v. John J. Tobin. Libel for divorce.
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Appeal, No. 44, March T., 1915, by defendant, from decree of C. E. Lackawanna Co., March T., 1914, No. 790, granting divorce in case of Eliza M. Tobin v. John J. Tobin. Libel for divorce. Before Edwards, P. J: The facts are stated in the opinion of the Superior Court. . Error assigned was decree of the court. . Our courts have held in' a long line of cases that a single indignity to the person is not sufficient in itself to entitle a libellant to divorce for cruel and barbarous treatment. There must be evidence of such continued treatment as renders the wife’s condition intolerable and life…
1Opinion of the Court
Opinion by
Kephart, J.,
Was there sufficient evidence to support the decree entered? In a proceeding for divorce, where the respondent appears and in good faith contests the granting of the divorce, and the libellant testifies, to matters sus: taining the charge of cruelty and indignities, and many of these matters are not denied by the respondent, who takes the witness stand in his defense, if these matters undenied will sustain the charge contained in the libel; it is proper to enter a decree therefor though they lack corroboration. The libellant, the wife, testified that the husband had been…
2Cited by2 opinions
- Fogel v. FogelSuperior Court of Pennsylvania · 1947
- LeMonn v. LeMonn, Pennsylvania Court of Common Pleas, Lehigh County1936