Legal Opinion

Rishel v. Rishel

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 244PublishedCited by 5 opinions

Appeal, No. 244, Oct. T., 1902, by defendant, from decree of C. P. Blair Co., Oct. T., 1900, No. 65, granting divorce in case of Abbie Risliel v. Andrew J. Risbel. Rule for final decree in divorce. Bell, P. J., filed the following opinion: Libellant more than two years ago commenced her action to have her marriage decreed a nullity. A mass of testimony was taken by a commissioner; his report has mysteriously disappeared.

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Appeal, No. 244, Oct. T., 1902, by defendant, from decree of C. P. Blair Co., Oct. T., 1900, No. 65, granting divorce in case of Abbie Risliel v. Andrew J. Risbel. Rule for final decree in divorce. Bell, P. J., filed the following opinion: Libellant more than two years ago commenced her action to have her marriage decreed a nullity. A mass of testimony was taken by a commissioner; his report has mysteriously disappeared. The commissioner reported in favor of libellant; after his report had been filed respondent obtained an order to reopen the testimony and produce some testimony tending to…

1Opinion of the Court

Opinion by

Orlady, J.,

From the record in this case it appears that subsequent to a report by a master in favor of the libellant, an order was made to reopen the hearing so as to allow additional testimony to be taken, and when the case was finally presented to the court, a mass of testimony which had been taken by the commissioner and also his first report had mysteriously disappeared. The court had made a hasty examination of the first report; its impression in regard thereto was not changed by the subsequent testimony and a final decree was entered in favor of the libellant, from which the…

2Cases cited2 opinions

  1. Middleton v. MiddletonSupreme Court of Pennsylvania · 1898
  2. Howe v. HoweSuperior Court of Pennsylvania · 1901

3Cited by5 opinions

  1. Rinoldo v. RinoldoSuperior Court of Pennsylvania · 1936
  2. Litch v. LitchSuperior Court of Pennsylvania · 1926
  3. Giles v. GilesSuperior Court of Pennsylvania · 1923
  4. Penny v. PennySupreme Court of Pennsylvania · 1907
  5. Anderson v. Anderson, Pennsylvania Court of Common Pleas, Montgomery County1940

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