Whitelaw v. Whitelaw

DISSENTING OPINION

By HURD, J:

In my opinion the judgment of Common Pleas Court should be affirmed. In recording the reasons for this dissent I deem it necessary to state facts additional to those contained in the majority opinion.

The original petition was filed September 7, 1950, but the issues were made upon the supplemental petition of Anne S. Whitelaw, plaintiff, against her husband, James H. Whitelaw, filed February 10, 1951, wherein it was alleged in substance that plaintiff and defendant were married in December, 1941; that the defendant had been guilty of gross neglect of duty in that…