Elmes v. Elmes
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Allegheny. The facts presented by the record were: that a libel for divorce was filed by the wife of the appellant, a subpoena served, and a decree made on the 9th February, 1847. The evidence was, that the parties cohabited about a week after the marriage, during which time the husband treated the wife with great harshness, exhibited a cruel temper towards her, declared his hatred of her, and caused her to pass the night in weeping.
Read the full summary
Appeal from the Common Pleas of Allegheny. The facts presented by the record were: that a libel for divorce was filed by the wife of the appellant, a subpoena served, and a decree made on the 9th February, 1847. The evidence was, that the parties cohabited about a week after the marriage, during which time the husband treated the wife with great harshness, exhibited a cruel temper towards her, declared his hatred of her, and caused her to pass the night in weeping. That he never supplied her with money, and left the town, carrying his effects with him. It was further stated that her health…
1Opinion of the CourtCoulter, J.
(after stating the case.) — We do not regard these depositions as any part of the record. The statute *167declares that appeals shall be conducted in the usual manner; meaning, I presume, in the same manner that other appeals from the Common Pleas are prosecuted. In Dyott’s Appeal, 2 W. & S. 557, the court ruled that in the settlement of the accounts of assignees, the Supreme Court shall not go beyond the exceptions made before the auditors or in the court below. And even on an appeal from the Orphans’ Court, in which case the proceedings are de novo here, this court refused a rule to take…
2Cases cited1 opinion
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
3Cited by13 opinions
- Krug v. KrugSuperior Court of Pennsylvania · 1903
- Trimbur v. TrimburSuperior Court of Pennsylvania · 1952
- Lynn v. LynnSuperior Court of Pennsylvania · 1921
- Commonwealth Ex Rel. Whitney v. WhitneySuperior Court of Pennsylvania · 1946
- Johnson v. JohnsonSuperior Court of Pennsylvania · 1906
8 more not listed; retrieve them via the Exa API.