Phipps v. Phipps

Opinion by

Mr. Justice Jones,

In this case, the libellant sued for divorce on the grounds of cruel and barbarous treatment and indignities to his person. At trial, he abandoned the cruel and barbarous treatment charge and rested his case on indignities in connection wherewith he proved, inter alia, an act of adultery on the part of the respondent. The learned trial judge entered a decree of divorce which, on appeal, the Superior Court unanimously affirmed (one judge being absent) : see Phipps v. Phipps, 165 Pa. Superior Ct. 622. We granted an allocatur primarily because of an apparent conflict…