Pomerantz v. Pomerantz
Superior Court of Pennsylvania
Appeal, No. 328, Oct. T., 1917, by respondent, from decree of C. P. No. 3, Philadelphia Co., June T., 1914, No. 144, granting a divorce in case of Harris Pomerantz v. Anna Pomerantz. Libel for divorce. Before Ferguson, J. From the record it appeared that the libellant filed a libel in divorce charging desertion. An answer was filed denying the desertion.
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Appeal, No. 328, Oct. T., 1917, by respondent, from decree of C. P. No. 3, Philadelphia Co., June T., 1914, No. 144, granting a divorce in case of Harris Pomerantz v. Anna Pomerantz. Libel for divorce. Before Ferguson, J. From the record it appeared that the libellant filed a libel in divorce charging desertion. An answer was filed denying the desertion. On the libel and answer filed an issue was framed as follows: “Did the respondent wilfully and maliciously and without reasonable cause desert the libellant, as charged in the libel?” The jury returned a verdict answering the above issue in…
1Opinion of the Court
Opinion by
Trexler, J.,
There was testimony in the case shown that the libellant when the respondent left him told her “I don’t want you, go!” The wife may have had the fully formal intention to leave and the cause she gives for her leaving may not have justified the act, but if the husband speeded the parting and by his acts indicated that he wished her to go there was a common object in both their minds and, until one or the other destroys the prior status and revokes the consent by making a bona fide offer to resume *243marital relations which offer is refused, the separation must be regarded as…
2Cases cited9 opinions
- Ingersoll v. IngersollSupreme Court of Pennsylvania · 1865
- King v. KingSuperior Court of Pennsylvania · 1908
- Neagley v. NeagleySuperior Court of Pennsylvania · 1915
- Olson v. OlsonSuperior Court of Pennsylvania · 1905
- Pearce v. PearceSuperior Court of Pennsylvania · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rosa v. RosaSuperior Court of Pennsylvania · 1928
- Loughney v. LoughneySuperior Court of Pennsylvania · 1933
- Walsh v. WalshSuperior Court of Pennsylvania · 1935
- Fleming v. FlemingSuperior Court of Pennsylvania · 1923
- Klaus v. KlausSuperior Court of Pennsylvania · 1941
9 more not listed; retrieve them via the Exa API.