Wilson v. Wilson

Opinion by

Parker, J.,

The libellant alleged in his libel as ground for a divorce that the respondent “was at the time of her marriage, and still is, impotent or incapable of procreation, said condition being permanent and incurable.” To this the wife replied: “Respondent neither admits nor denies the averments in paragraph four and asks due proof thereof at the trial of the cause.” The proofs showed sterility by reason of an operation but not impotence. The master to whom the case was referred recommended an absolute divorce but the court of common pleas refused a decree and dismissed the…