Whelan v. Whelan
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. T., 1897, by plaintiff, from decree of C. P. !No. 2, Allegheny Co., July T., 1896, No. 832, on libel for divorce. Libel for divorce. The court below in an opinion by White, J., refused the divorce on the ground that the evidence did not prove a wilful and malicious desertion. The evidence is reviewed in the opinion of the Supreme Court. Error assigned was decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
This is a libel for divorce on the ground of wilful and malicious desertion, brought by the husband against the wife. The learned court below thought that the evidence was not sufficient to prove a wilful and malicious desertion on December 24,1893, and therefore refused a decree of divorce. We are unable to take that view of the testimony, and are very clear that the evidence establishes fully that the desertion was deliberate, intentional and continuous from the time the respondent left the libellant’s home which was on December 24, 1893. On that day there was a…
2Cases cited2 opinions
- Van Dyke v. Van DykeSupreme Court of Pennsylvania · 1890
- Bauder's AppealSupreme Court of Pennsylvania · 1887
3Cited by9 opinions
- Commonwealth v. SincavageSuperior Court of Pennsylvania · 1943
- Commonwealth Ex Rel. Myerson v. MyersonSuperior Court of Pennsylvania · 1946
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
- Hedderson v. HeddersonSuperior Court of Pennsylvania · 1908
- Barner v. Barner, Pennsylvania Court of Common Pleas, Dauphin County1921
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