Legal Opinion

Fernald v. Fernald

Superior Court of Pennsylvania

Decided November 8, 1897No. Appeal, No. 88PublishedCited by 10 opinions

Appeal, No. 88, Oct. T., 1897, by plaintiff, from order of C. P. No. 4, Phila. Co., March T., 1896, No. 64, making absolute defendant’s rule for expenses of litigation. Rule to allow respondent expenses of litigation in divorce proceedings. The following facts appear from the record: The husband’s libel, filed February 1,1896, charged desertion from their common residence in Philadelphia, bn December 14, 1893, to Pensacola, Florida.

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Appeal, No. 88, Oct. T., 1897, by plaintiff, from order of C. P. No. 4, Phila. Co., March T., 1896, No. 64, making absolute defendant’s rule for expenses of litigation. Rule to allow respondent expenses of litigation in divorce proceedings. The following facts appear from the record: The husband’s libel, filed February 1,1896, charged desertion from their common residence in Philadelphia, bn December 14, 1893, to Pensacola, Florida. Respondent’s answer denied the desertion, but admitted her continuous residence in Pensacola, from 1894, and libellant’s uninterrupted residence in Philadelphia.…

1Opinion of the Court

Opinion by

Rice, P. J.,

This is an appeal from an order directing the libellant to pay to the libellee her traveling expenses incurred in coming from her home in a distant state to be present at the trial of the issue before a jury. When the case came on to be tried the libellant moved for a continuance, but this was refused, and he then suffered a voluntary nonsuit. In answer to the suggestion of his counsel that she was not entitled to the allowance because she voluntarily chose to take up her residence in Florida, im stead of in Philadelphia with her husband, it seems sufficient to say that…

2Cases cited1 opinion

  1. Waldron v. WaldronSupreme Court of Pennsylvania · 1866

3Cited by10 opinions

  1. Lynn v. LynnSuperior Court of Pennsylvania · 1917
  2. Hartje v. HartjeSuperior Court of Pennsylvania · 1909
  3. Naylor v. NaylorSuperior Court of Pennsylvania · 1915
  4. Ray v. RaySuperior Court of Pennsylvania · 1926
  5. Murray v. MurraySuperior Court of Pennsylvania · 1923

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