Legal Opinion

Hardie v. Hardie

Supreme Court of Pennsylvania

Decided July 11, 1894No. Appeal, No. 117PublishedCited by 6 opinions

Appeal, No. 117, July T., 1893, by defendant, from judgment of C. P. Chester Co., April T., 1892, on verdict for plaintiff in divorce. Libel in divorce. The facts appear by the opinion of the Supreme Court. Defendant’s point was among others as follows: “ 1. If the jury believe that the plaintiff struck his wife or was guilty of cruel and barbarous conduct towards her, she was justified in leaving the plaintiff, and your verdict must be for the defendant.

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Appeal, No. 117, July T., 1893, by defendant, from judgment of C. P. Chester Co., April T., 1892, on verdict for plaintiff in divorce. Libel in divorce. The facts appear by the opinion of the Supreme Court. Defendant’s point was among others as follows: “ 1. If the jury believe that the plaintiff struck his wife or was guilty of cruel and barbarous conduct towards her, she was justified in leaving the plaintiff, and your verdict must be for the defendant. Answer: That point is a little ambiguous in our estimation, and, as I have already suggested to you, there might be an occasion when if the…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

Plaintiff and defendant are libellant and respondent in a suit by the husband for divorce from the bonds of matrimony. The *229issue was tried before a jury, who, under peremptory instructions from the court, gave a verdict for the husband ; from the judgment on the verdict, the wife brings this appeal.

The ground for divorce, averred in the libel, is willful and malicious desertion by the wife; she admitted absence from his house and separation ; but that there was willful and malicious desertion, she denied; she further setup the counter averment that her husband, by…

2Cases cited1 opinion

  1. Duffield ex. rel Jackson v. CooperSupreme Court of Pennsylvania · 1879

3Cited by6 opinions

  1. Phinizy v. PhinizySupreme Court of Georgia · 1922
  2. Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
  3. Reinhardt v. ReinhardtSuperior Court of Pennsylvania · 1933
  4. Roth v. RothSuperior Court of Pennsylvania · 1900
  5. Valerio v. ValerioSuperior Court of Pennsylvania · 1982

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