Starr v. Starr
Superior Court of Pennsylvania
Appeal, No. 261, Oct. T., 1921, by respondent, from order of C. P. No. 1, Pbila. Co., Dec. T., 1920, No. 840, refusing to order that a subpoena be issued on-an alleged cross-libel, in the case of Frederick H. Starr v. Ellen E. Starr. Motion for a subpoena on what was designated a “cross-libel” in divorce. The opinion of the Superior Court states the case. The court refused to order that a subpoena be issued, and the respondent, who had made the motion, appealed.
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Appeal, No. 261, Oct. T., 1921, by respondent, from order of C. P. No. 1, Pbila. Co., Dec. T., 1920, No. 840, refusing to order that a subpoena be issued on-an alleged cross-libel, in the case of Frederick H. Starr v. Ellen E. Starr. Motion for a subpoena on what was designated a “cross-libel” in divorce. The opinion of the Superior Court states the case. The court refused to order that a subpoena be issued, and the respondent, who had made the motion, appealed. Error assigned was refusal to order that a subpoena issue. A divorce action is substantially a suit in equity. Therefore, consent by…
1Opinion of the Court
Per Curiam,
The original libel filed in this case avers that the parties were married at Calgary, Alberta, Canada, in 1908, at which time they were both citizens of and resided in Canada; that the wife deserted her husband in Toronto, Ontario, Canada, on October 1, 1914; that the libellant has been a resident of Pennsylvania for three years before the filing of the libel and now resides in Philadelphia, and that the respondent is a resident of Toronto, Ontario, Canada. While service was obtained by publication, the respondent appeared and answered by denying the desertion. The original libel…
2Cases cited1 opinion
- English v. EnglishSuperior Court of Pennsylvania · 1902
3Cited by27 opinions
- Huston v. HustonSuperior Court of Pennsylvania · 1937
- Alburger v. AlburgerSuperior Court of Pennsylvania · 1939
- Verbeck v. VerbeckSuperior Court of Pennsylvania · 1947
- Eisenberg v. EisenbergSuperior Court of Pennsylvania · 1932
- Commonwealth Ex Rel. Shetzline v. ShetzlineSuperior Court of Pennsylvania · 1924
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