Musgrave v. Musgrave
Supreme Court of Pennsylvania
Appeal, No. 173, Oct. T., 1897, by plaintiff, from judgment of C. P. No. 1, Allegheny County, June T., 1895, No. 585, on verdict for defendant. Libel for divorce. The facts appear bjr the opinion of the Supreme Court. Plaintiff submitted the following point: I. Under all the evidence the verdict must be for the plaintiff. Answer: Refused. [1] Verdict and judgment for defendant. Plaintiff appealed. Error assigned among others was above instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The appellant instituted this proceeding to obtain a divorce ’ from his wi fe on the ground, as ho alleged, that she had wilfully and maliciously, and without reasonable cause, deserted him and persisted in such desertion for a period of more than six months prior to the commencement of his suit. The appellee denied the charge and demanded a trial by jury. The controlling question of fact presented by the issue thus made was whether there was a causeless, wilful and malicious desertion of the husband by the wife. The jury found from the evidence in the case that…
2Cited by9 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Appleton v. AppletonWashington Supreme Court · 1917
- Esenwein v. EsenweinSuperior Court of Pennsylvania · 1940
- Cooper v. CooperSuperior Court of Pennsylvania · 1908
- Kurtz v. KurtzSuperior Court of Pennsylvania · 1936
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