Poe v. Poe

The question in this case arises out of a divorce action between the parties in which, before filing an answer, the defendant filed a motion to dismiss plaintiff’s petition, on the ground that there had been condonation since the filing of the plaintiff’s petition.

This motion was heard by the Common Pleas Court on February 19, 1954, resulting in the dismissal' of plaintiff’s cause of action, which is the order from which this appeal is taken.

The court heard evidence upon the motion, and the only relative testimony was given by the parties themselves, the defendant wife having testified that…