Cooper v. Cooper
Superior Court of Pennsylvania
Appeal, No. 229, April T., 1908,. by plaintiff, from decree of C. P. No. 3, Allegheny Co., April T., 1907, No. 448, refusing divorce in case of Pierson H. Cooper v. Nancy E. Cooper. Libel for divorce on ground of desertion. Before Kennedy, P. J. In the court below Alfred Kerr, Esq., master, reported in favor of allowing a divorce.
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Appeal, No. 229, April T., 1908,. by plaintiff, from decree of C. P. No. 3, Allegheny Co., April T., 1907, No. 448, refusing divorce in case of Pierson H. Cooper v. Nancy E. Cooper. Libel for divorce on ground of desertion. Before Kennedy, P. J. In the court below Alfred Kerr, Esq., master, reported in favor of allowing a divorce. The court, however, in an opinion by Kennedy, P. J., refused the decree, filing an opinion in which he held that the court had no jurisdiction because the alleged desertion took place in the state of New Jersey, and the respondent had never become a resident of…
1Opinion of the Court
Opinion by
Porter, J.,
The libelant seeks a divorce from his wife, who-is a resident and always has been of the state of New Jersey, upon the ground of “willful and malicious desertion and absence from the habitation of the libelant, without a reasonable cause, for and during the term and space of two years.” The learned judge of the court below entered a decree refusing the divorce and dismissing the libel, and the libelant appeals. We have carefully considered the testimony and. are not satisfied that the decree of the court below was erroneous. The libelant called but two witnesses, and…
2Cases cited5 opinions
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
- Bishop v. BishopSupreme Court of Pennsylvania · 1858
- Hull v. HullSuperior Court of Pennsylvania · 1900
- Musgrave v. MusgraveSupreme Court of Pennsylvania · 1898
3Cited by5 opinions
- Price v. PriceSuperior Court of Pennsylvania · 1924
- Thompson v. ThompsonSuperior Court of Pennsylvania · 1912
- Bankert Petition, Pennsylvania Court of Common Pleas, Adams County1950
- Goga v. Goga, Pennsylvania Court of Common Pleas, Montgomery County1924
- Smith v. Smith, Pennsylvania Court of Common Pleas, Schuylkill County1924