Vanleer v. Vanleer
Supreme Court of Pennsylvania
This was an appeal from the Common Pleas of Philadelphia county. On the 25th September, 1846, George R. Yanleer, the appellant, filed his petition in the court below, in the usual form, praying for a divorce a vinculo matrimonii from his wife, Sarah Yanleer, on the ground of wilful and malicious absence from his habitation, without just or reasonable cause, for upwards of two years before the filing of said petition.
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This was an appeal from the Common Pleas of Philadelphia county. On the 25th September, 1846, George R. Yanleer, the appellant, filed his petition in the court below, in the usual form, praying for a divorce a vinculo matrimonii from his wife, Sarah Yanleer, on the ground of wilful and malicious absence from his habitation, without just or reasonable cause, for upwards of two years before the filing of said petition. The defendant denied the desertion, and averred in her answer “that the said George R. Vanleer has, without reasonable cause, separated himself from her, and for a length of time…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
The first section of the act of 13th March, 1815, allows a divorce from the bonds of matrimony for “wilful and malicious desertion and absence from the habitation of the other, without probable cause, for and during the term and space of two years.” Dunlop 2d, Ed. 309. The supplement to the divorce act of the 26th February, 1817, Dunlop 330, gives a divorce a mensa et thoro to the wife for cruel and barbarous treatment, and enables the court to allow her alimony until the husband is willing to cohabit with her, and perform his marital…
2Cited by7 opinions
- King v. KingSuperior Court of Pennsylvania · 1908
- Olson v. OlsonSuperior Court of Pennsylvania · 1905
- Carey v. CareySuperior Court of Pennsylvania · 1904
- Thompson v. ThompsonSuperior Court of Pennsylvania · 1912
- Smith v. SmithSuperior Court of Pennsylvania · 1924
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