Butler v. Butler
Pennsylvania Court of Common Pleas, Philadelphia County
This was a libel for a divorce, brought by Pierce Butler, libellant, v. Frances Ann Butler, respondent. The only ground set forth in the libel was wilful and malicious desertion, without reasonable cause, from the habitation of the libellant. It was in the common form. To this libel the respondent put in an answer.
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This was a libel for a divorce, brought by Pierce Butler, libellant, v. Frances Ann Butler, respondent. The only ground set forth in the libel was wilful and malicious desertion, without reasonable cause, from the habitation of the libellant. It was in the common form. To this libel the respondent put in an answer. First, she denied that she had, on the day set forth in the libel, or at any time before or since, wilfully and maliciously deserted and absented herself from the libellant and his habitation. The answer then proceeded, and stated that it was true that on the 10th day of September,…
1Opinion of the Court
The following opinion of the Court on the whole case was delivered by
ICiNG, President. —
The libellant in his libel, which is in the brief and sententious form peculiar to our practice, sets forth that his wife, the respondent, did, in violation of her matrimonial obligations, on the 1,1th of September, 1845, wilfully, maliciously, and without reasonable cause, desert and absent herself from him and his habitation, and since that time has continuously persisted in such desertion and absence. It concludes with a prayer for the divorce from the bond of matrimony, given by the Act of Assembly to…
2Cited by2 opinions
- Powelson v. PowelsonCalifornia Supreme Court · 1863
- Weimer v. Weimer, Pennsylvania Court of Common Pleas, Lebanon County1867