Legal Opinion

Dorsey v. Dorsey

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 17 opinions

APPEAL from the order of the common pleas of Fayette county, dismissing, for want of jurisdiction, a libel by a wife praying to be divorced from the bond of matrimony for wilful and malicious desertion. The libel charged that the parties were married in July 1823, and that they lived together till July 1827, when the husband absconded.

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APPEAL from the order of the common pleas of Fayette county, dismissing, for want of jurisdiction, a libel by a wife praying to be divorced from the bond of matrimony for wilful and malicious desertion. The libel charged that the parties were married in July 1823, and that they lived together till July 1827, when the husband absconded. It appeared by the proofs, that they were born, brought up and married in Pennsylvania; and that they went to reside permanently in Jefferson county, Ohio, where they were domiciled at the time of the desertion, which was fully proved. The wife shortly…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

If the court below had jurisdiction on any known principle, it is that of the lex loei contractus. The marriage was celebrated in Pennsylvania; the parties were native inhabitants of Pennsylvania ; and it was not long before the desertion that they had acquired a domicil in Ohio. The appellant again resides in Pennsylvania, but her husband does not; and if her domicil of origin could be an effective ingredient in her case, she would be prevented from resuming' it by the coverture which suspends her separate existence and makes his domicil…

2Cases cited2 opinions

  1. Barber v. RootMassachusetts Supreme Judicial Court · 1813
  2. Jackson v. JacksonNew York Supreme Court · 1806

3Cited by17 opinions

  1. Bishop v. BishopSupreme Court of Pennsylvania · 1858
  2. Schofield v. SchofieldSuperior Court of Pennsylvania · 1912
  3. Gordon v. GordonSupreme Court of Pennsylvania · 1865
  4. Commonwealth v. CusterSuperior Court of Pennsylvania · 1941
  5. Hollister v. HollisterSupreme Court of Pennsylvania · 1847

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