Smith v. Smith
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1918, by respondent, from decree of C. P. Allegheny County, April T., 1917, No. 1411, granting divorce in case of Charles S. Smith v. Clara D. Smith. Libel for divorce. Before Carpenter, J. The case was referred to A. M. Simon, Esq., as master, who recommended that a divorce be refused. On exceptions to the master’s report, the court sustained the exceptions and granted a divorce. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 129, April T., 1918, by respondent, from decree of C. P. Allegheny County, April T., 1917, No. 1411, granting divorce in case of Charles S. Smith v. Clara D. Smith. Libel for divorce. Before Carpenter, J. The case was referred to A. M. Simon, Esq., as master, who recommended that a divorce be refused. On exceptions to the master’s report, the court sustained the exceptions and granted a divorce. The facts are stated in the opinion of the Superior Court. Error assigned was decree granting divorce.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The single question involved in this appeal was whether the respondent was justified under the law in leaving the home of and separating herself from her husband. This is a second venture in the divorce court by the libel-ant, he having filed a libel in 1914, in which he charged his wife with cruel and barbarous treatment, and in which a decree was refused him. The present libel was presented in 1917, in which the respondent is charged with having committed wilful and malicious desertion and absence from the habitation of her husband without a reasonable cause, of more…
2Cases cited6 opinions
- Krug v. KrugSuperior Court of Pennsylvania · 1903
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Oxley v. OxleySupreme Court of Pennsylvania · 1899
- Naylor v. NaylorSuperior Court of Pennsylvania · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burns v. BurnsSuperior Court of Pennsylvania · 1924
- Scheffey v. Scheffey, Pennsylvania Court of Common Pleas, Montgomery County1923