Legal Opinion

Mason v. Mason

Supreme Court of Pennsylvania

Decided January 6, 1890No. 185PublishedCited by 14 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 185 October Term 1889, Sup. Ct.; court below, No. 326 September Term 1888, C. P. No. 1. On July 14, 1888, Elizabeth B. Mason filed her libel against her husband, John Mason, averring that the defendant had offered such indignities to the person of the petitioner as to render hex* condition intolerable and her life burdensome, and thereby forced her to withdraw from his house and family; praying…

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 185 October Term 1889, Sup. Ct.; court below, No. 326 September Term 1888, C. P. No. 1. On July 14, 1888, Elizabeth B. Mason filed her libel against her husband, John Mason, averring that the defendant had offered such indignities to the person of the petitioner as to render hex* condition intolerable and her life burdensome, and thereby forced her to withdraw from his house and family; praying for a divorce. A subpoena and an alias subpoena awarded tbereon were returned non est inventus, and service upon the…

1Opinion of the Court

Opinion,

Me. Justice Williams:

The appellant based her application for a divorce a vinculo matrimonii upon the ground that the defendant had “offered such indignities to the person of the petitioner as to render her condition intolerable, and her life burdensome.” The appellee was not found by the sheriff, and the appellant was for that reason incompetent as a witness in her own behalf, but she *164presented to the court, on final hearing, what seems to us a strong case. The evidence showed that her husband was in a state of almost constant intoxication, so gross as to be at times unfitted for…

2Cited by14 opinions

  1. Krug v. KrugSuperior Court of Pennsylvania · 1903
  2. Shoemaker v. ShoemakerSuperior Court of Pennsylvania · 1962
  3. Baker v. BakerSupreme Court of Pennsylvania · 1900
  4. Trimbur v. TrimburSuperior Court of Pennsylvania · 1952
  5. Lynn v. LynnSuperior Court of Pennsylvania · 1921

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