Legal Opinion

Welfer v. Welfer

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeal, No. 39PublishedCited by 5 opinions

Appeal, No. 39, April T., 1913, by defendant, from decree of C. P. No. 3, Allegheny Co., Aug. T., 1909, No. 80, awarding divorce in case of Annie M. Welfer v. John G. Welfer. Libel for divorce. Before Cohen, J. The opinion of the Superior Court states the case. Error assigned was decree awarding divorce.

1Opinion of the Court

Opinion by

Henderson, J.,

The complainant’s petition alleged two causes of divorce: cruel and barbarous treatment and indignities to the person. The cruelty which entitles a woman to a divorce is actual personal violence or the reasonable ap*216prehension of it or such a course of treatment as endangers her life or health and renders cohabitation unsafe. This statement of the law as expressed in Butler v. Butler, 1 Pars. 329, was adopted in Gordon v. Gordon, 48 Pa. 226; May v. May, 62 Pa. 206; McMahen v. McMahen, 186 Pa. 485, and this is the test to be applied to the complainant’s case on the first…

2Cases cited3 opinions

  1. May v. MaySupreme Court of Pennsylvania · 1869
  2. McMahen v. McMahenSupreme Court of Pennsylvania · 1898
  3. Gordon v. GordonSupreme Court of Pennsylvania · 1865

3Cited by5 opinions

  1. Putt v. PuttSuperior Court of Pennsylvania · 1935
  2. Winner v. WinnerSuperior Court of Pennsylvania · 1936
  3. Crawford v. CrawfordSuperior Court of Pennsylvania · 1916
  4. Auerbach v. AuerbachSuperior Court of Pennsylvania · 1929
  5. Smith v. SmithSuperior Court of Pennsylvania · 1919

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