Roth v. Roth
Superior Court of Pennsylvania
Appeal, No. 203, April T., 1900, by respondent, in suit of Catherine M. Roth, by her next friend William Frazier against John M. Roth, from judgment of c. P. Butler Co., Sept. T., 1899, No. 49, on verdict for plaintiff. Opinion by Rice, P. J. Libel for divorce. Before Greer, P. J. It appears from the record that on March 11, 1895, libellant applied for an absolute divorce on the ground of cruel and barbarous treatment.
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Appeal, No. 203, April T., 1900, by respondent, in suit of Catherine M. Roth, by her next friend William Frazier against John M. Roth, from judgment of c. P. Butler Co., Sept. T., 1899, No. 49, on verdict for plaintiff. Opinion by Rice, P. J. Libel for divorce. Before Greer, P. J. It appears from the record that on March 11, 1895, libellant applied for an absolute divorce on the ground of cruel and barbarous treatment. Her libel being amended December 11,1895, the litigation continued until adjudicated by Barker, P. J., specially presiding, who dismissed the petition on April 9, 1896. No…
1Opinion of the Court
Opinion by
Rice, P. J.,
The statute authorizes the granting of a divorce, (a) “ when any husband shall have by cruel and barbarous treatment endangered his wife’s life,” or (6) “ offered such indignities to her person as to render her condition intolerable and life burdensome, and thereby force her to withdraw from his house *199and family.” The defendant’s first five points were intended to draw from the court positive and unqualified instructions that if husband and wife were not occupying the same habitation at the time of the alleged indignities she cannot obtain a divorce for the second cause…
2Cases cited9 opinions
- Richards v. RichardsSupreme Court of Pennsylvania · 1860
- May v. MaySupreme Court of Pennsylvania · 1869
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Edmond's AppealSupreme Court of Pennsylvania · 1868
- Appeal of NyeSupreme Court of Pennsylvania · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crawford v. CrawfordSuperior Court of Pennsylvania · 1916
- Augenstein v. AugensteinSuperior Court of Pennsylvania · 1911
- Myers's EstateSuperior Court of Pennsylvania · 1904
- Bateman v. Bateman, Pennsylvania Court of Common Pleas, Lackawanna County1937
- Kusebauch v. Kusebauch, Pennsylvania Court of Common Pleas, Alleghany County1947
1 more not listed; retrieve them via the Exa API.