Naylor v. Naylor
Superior Court of Pennsylvania
Appeal, No. 156, Oct. T., 1914, by defendant, from decree of C. P. No. 3, Phila. Co., Dec. T., 1910, No. 40, granting divorce in case of Charles J. Naylor v. Fredericka Stephens Naylor. Libel in divorce. Exceptions to report of master. The court below filed the following per curiam opinion. This is a proceeding in divorce instituted by a husband against his wife on the ground of adultery.
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Appeal, No. 156, Oct. T., 1914, by defendant, from decree of C. P. No. 3, Phila. Co., Dec. T., 1910, No. 40, granting divorce in case of Charles J. Naylor v. Fredericka Stephens Naylor. Libel in divorce. Exceptions to report of master. The court below filed the following per curiam opinion. This is a proceeding in divorce instituted by a husband against his wife on the ground of adultery. Hearings were had before a master, who reported adversely to the libelant and recommended that the libel be dismissed. We have before us exceptions to this report. It was said in Howe v. Howe, 16 Pa.…
1Opinion of the Court
Opinion by
Rice, P. J.,
The learned counsel for the appellant complains that the court did not give due weight to the master’s report. He likens the report of a master in a divorce case to the report of a referee in a civil case, and to the decision of the court in a case tried without a jury or in a divorce case where the testimony is taken in open court, citing McMillan v. McMillan, 183 Pa. 91; Krug v. Krug, 22 Pa. Superior Ct. 572, and King v. King, 36 Pa. Superior Ct. 33. But under our decisions the analogy is not perfect. Ever since the decision in Middleton v. Middleton, 187 Pa. 612, the…
2Cases cited14 opinions
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- Krug v. KrugSuperior Court of Pennsylvania · 1903
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- King v. KingSuperior Court of Pennsylvania · 1908
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3Cited by14 opinions
- Nacrelli v. NacrelliSupreme Court of Pennsylvania · 1926
- Micheals v. MichealsSuperior Court of Pennsylvania · 1917
- Meinel v. MeinelSuperior Court of Pennsylvania · 1934
- Campbell v. CampbellSuperior Court of Pennsylvania · 1958
- Commonwealth v. AttarianSuperior Court of Pennsylvania · 1937
9 more not listed; retrieve them via the Exa API.