Latshaw v. Latshaw
Superior Court of Pennsylvania
Appeal, No. 215, Oct. T., 1901, by-defendant, from decree of C. P. McKean Co., Dec. T., 1900, dismissing libel in divorce in suit of Mary E. Latshaw v. Guy Latshaw. Libel in divorce. From the record it appeared that Morrison, J., dismissed the libel because it appeared from the libellant’s own testimony that she had an agreement with her husband that he would make no defense, and that she should proceed with the suit.
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Appeal, No. 215, Oct. T., 1901, by-defendant, from decree of C. P. McKean Co., Dec. T., 1900, dismissing libel in divorce in suit of Mary E. Latshaw v. Guy Latshaw. Libel in divorce. From the record it appeared that Morrison, J., dismissed the libel because it appeared from the libellant’s own testimony that she had an agreement with her husband that he would make no defense, and that she should proceed with the suit. The material portion of this testimony is quoted in the opinion of the Superior Court. jError assigned was decree dismissing the libel.
1Opinion of the Court
Opinion by
William W. Porter,
The act of March 13, 1815, requires the libel in divorce to *466be exhibited on oath or affirmation of the party that the facts set forth therein are true to the best of the libellant’s knowledge and belief and that the complaint is not made out of levity or by collusion between the said husband and wife, or for the mere purpose of being freed and separated from each other, but in sincerity and truth for the causes mentioned in the said petition or libel. Without such affidavit the libel is fatally defective: Hoffman v. Hoffman, 80 Pa. 417. In the case cited, Mr.…
2Cases cited1 opinion
- Kilborn v. FieldSupreme Court of Pennsylvania · 1875
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- Bowden v. BowdenSuperior Court of Pennsylvania · 1947
- Karras v. KarrasSuperior Court of Pennsylvania · 1922
- Kellner v. Kellner, Pennsylvania Court of Common Pleas, Philadelphia County1940
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