Fleming v. Fleming
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1923, by respondent, from order of C. P. Delaware Co., Sept. T., 1920, No. 464, discharging rule to vacate decree of divorce, in the case of John H. Fleming v. Oda Booth Fleming. Eule to vacate decree of divorce. Before Broom all, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Eespondent appealed.
1Opinion of the Court
Opinion by
Kelleb, J.,
The testimony on this rule is convincing that the decree of divorce was obtained by fraud and imposition practiced on the court by the libellant. The divorce proceedings were ex parte; the respondent was not served with process, nor represented at the hearing. The ground of divorce set up in the libel was wilful and malicious desertion; the libellant swore that he had done nothing to justify the respondent in leaving, and that neither of them had written to the other since her departure; yet it developed that the following letter was written by the libellant to the…
2Cases cited12 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
- McEvoy v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1920
- King v. KingSuperior Court of Pennsylvania · 1908
- Neagley v. NeagleySuperior Court of Pennsylvania · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rutherford v. RutherfordSuperior Court of Pennsylvania · 1943
- Carey v. CareySuperior Court of Pennsylvania · 1935
- Loiacono v. LOIACONOSuperior Court of Pennsylvania · 1955
- Masciulli v. MasciulliSuperior Court of Pennsylvania · 1961
- McFadden v. McFaddenSuperior Court of Pennsylvania · 1927
6 more not listed; retrieve them via the Exa API.