Eshbach v. Eshbach
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an appeal from the decree of the Court, decreeing a divorce, on the application of the husband on account of the desertion of his wife. Isaac Eshbach petitioned the Court for a divorce from Esther his wife.
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Error to the Common Pleas of Berks county. This was an appeal from the decree of the Court, decreeing a divorce, on the application of the husband on account of the desertion of his wife. Isaac Eshbach petitioned the Court for a divorce from Esther his wife. His petition was presented on 21st April, 1851, alleging a marriage in January, 1844, and wilful and malicious desertion by his wife in October, 1850, viz., for above six months. ' In the answer of the respondent it was alleged that her desertion was not wilful and malicious; 1st, because her husband, for a long time previous to her…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
It has been several times decided that the “reasonable cause” Avhich justifies a wife’s desertion and abandonment of her husband, must be such as would entitle her to a divorce ; and that is defined by the statute itself to be such cruel and barbarous treatment as endangers her life, or the offer of such indignities to her person as to render her condition intolerable and life burdensome. We look in vain through the evidence in this cause for anything that approaches that very high standard of enormity. On the contrary, the general tenor of…
2Cited by15 opinions
- Howe v. HoweSuperior Court of Pennsylvania · 1901
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- Schoren v. SchorenOregon Supreme Court · 1924
- Platt v. PlattSuperior Court of Pennsylvania · 1909
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