Gosser v. Gosser
Supreme Court of Pennsylvania
Appeal, No. 23, Oct. T., 1897, by defendant, from judgment of G. P. Armstrong Co., June Term, 1895, No. 267, on libel for divorce. Libel for divorce. The case was referred to E. C. Ross, Esq., as commissioner, wbo reported: 1. That a marriage was solemnized between the libellant Newton II.
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Appeal, No. 23, Oct. T., 1897, by defendant, from judgment of G. P. Armstrong Co., June Term, 1895, No. 267, on libel for divorce. Libel for divorce. The case was referred to E. C. Ross, Esq., as commissioner, wbo reported: 1. That a marriage was solemnized between the libellant Newton II. Gosser, and the respondent, Annie M. Gosser, née Grinder, on August 16, 1879. 2. That at tlie time of said marriage tbe libellant and respondent were both citizens of tbe state of Pennsylvania, and that during tlie last seven years, and at tbe time of filing tlie libel, botb were residents of tlie borough…
1Opinion of the Court
Opinion bt
Mb. Justice Felt,
The decree entered in the common pleas rests upon the finding by that court that the allegations of the libel were fully sustained by the proofs offered, and that the respondent failed to establish either of the two grounds of defense set up in the *503answer. This decree should be sustained unless the finding is shown to be clearly erroneous. The responsibility of determining the facts rests in the first instance upon the judge who hears the testimony, and a mere doubt as to the correctness of his findings is not sufficient to disturb them. The most serious doubt…
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