Horton v. Horton

Opinion by

Reno, J.,

Plaintiff was granted a divorce on the ground of indignities. The wife’s appeal questions whether he was the “injured and innocent spouse” within the meaning of The Divorce Law of May 2, 1929, P. L. 1237, §10, 23 P.S. §10. The answer turns upon the credibility of the parties and their witnesses. The case was heard by a judge without a jury, and the trial judge found defendant’s testimony incredible and unworthy of belief. His conclusion as to which of the parties is to be be: lieved will not be lightly disturbed. Spence v. Spence, 167 Pa. Superior Ct. 248, 74 A. 2d 495;…