Esenwein v. Esenwein

Opinion by

Mr. Justice Linn,

March 20, 1933:

The libel was served in June, 1920. Two years and eight months later a bill of particulars was ordered. It was not filed until September, 1931, though it does not appear that the time for filing it was extended. Libellant might therefore have been non-prossed under the Act of May 25, 1878, P. L. 156 (reenacted, section 40, May 2,1929, P. L. 1237), or, generally, for want of prosecution : Waring v. P. R. R., 176 Pa. 172, 35 A. 106. Neither side was diligent.

Two grounds for divorce were alleged: That respondent “(1) has by cruel and barbarous treatment…