Horn v. Horn
Superior Court of Pennsylvania
Appeal, No. 140, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 234, dismissing libel for divorce in case of Andrew Horn v. Carrie L. Horn. Before Rice, P. J., Beaver, Orlady, W. W. Porter and W. D. Porter, JJ. Libel for divorce on ground of desertion.
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Appeal, No. 140, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 234, dismissing libel for divorce in case of Andrew Horn v. Carrie L. Horn. Before Rice, P. J., Beaver, Orlady, W. W. Porter and W. D. Porter, JJ. Libel for divorce on ground of desertion. Frazer, P. J., filed the following opinion: The libellant and respondent were married on August 9, 1877, at the city of Williamsport, and lived together in that city as man and wife until some time in April, 1896, when the libellant came to Pittsburg to engage in business. The ground alleged for a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The legal proposition upon which the appellant’s counsel rests is that a husband has a right to change his home, if his business, his comfort or his convenience require it, if he provides another suitable place of residence, and if his wife refuses to accompany him to his new home without cause, her refusal constitutes a desertion, for which a divorce will be decreed. We concede the correctness of this statement of the law, as a general proposition, but in applying it to the facts of the case it is also to be borne in mind that to justify a decree of divorce on the…
2Cases cited2 opinions
- Angier v. AngierSupreme Court of Pennsylvania · 1870
- Bishop v. BishopSupreme Court of Pennsylvania · 1858
3Cited by8 opinions
- Price v. PriceSuperior Court of Pennsylvania · 1924
- Walsh v. WalshSuperior Court of Pennsylvania · 1935
- McBrien v. McBrienSuperior Court of Pennsylvania · 1916
- Dash v. DashSuperior Court of Pennsylvania · 1946
- Holt v. HoltSuperior Court of Pennsylvania · 1952
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