Garbett v. Garbett

Opinion by

Baldrige, J.,

The appellant filed his libel in divorce, alleging desertion and indignities to the person. The case was not referred to a master nor was a request ¿nade for a jury trial. The learned court before whom the case was heard concluded that neither charge was proven, and refused the divorce.

It is incumbent upon a libellant to establish his case by clear and satisfactory evidence. Unless there is this preponderance in his favor, it will be dismissed: Waggner v. Waggner, 112 Pa. Superior Ct. 382, 171 A. 102. A decree may be granted on the unsupported testimony of the…