Crandall v. Crandall
Superior Court of Pennsylvania
Appeal, No. 363, Oct. T., 1915, by plaintiff, from decree of C. P. No. 4, Philadelphia Co., June T., 1914, No. 277, dismissing libel for divorce in case of T. Vaughn Crandall v. Clara S. Crandall. Libel for divorce. Carr, J., filed an opinion which was in part as follows : This is a proceeding in divorce upon the ground of desertion. The parties separated December 7, 1912, and the record presents the question whether it is desertion.
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Appeal, No. 363, Oct. T., 1915, by plaintiff, from decree of C. P. No. 4, Philadelphia Co., June T., 1914, No. 277, dismissing libel for divorce in case of T. Vaughn Crandall v. Clara S. Crandall. Libel for divorce. Carr, J., filed an opinion which was in part as follows : This is a proceeding in divorce upon the ground of desertion. The parties separated December 7, 1912, and the record presents the question whether it is desertion. The familiar rule is that separation is not necessarily desertion, which is an actual abandonment of matrimonial cohabitation, with an intent to desert, wilfully…
1Opinion of the Court
Per Curiam,
The libellant and respondent were married in December, 1910, when the husband was 75 and the wife 47 years of age. After living together in apparent amity for two years, the wife left the home, and has continuously remained separated from her husband. The justification for her withdrawal from the home is the controlling question in controversy. The testimony is very conflicting, and after a careful examination of the whole record we adopt the conclusion reached by the learned trial judge, dismissing the libel for the reasons he states in his opinion.
The decree is affirmed.
2Cited by8 opinions
- Loughney v. LoughneySuperior Court of Pennsylvania · 1933
- Pomerantz v. PomerantzSuperior Court of Pennsylvania · 1919
- Klaus v. KlausSuperior Court of Pennsylvania · 1941
- D'Alfonso v. D'AlfonsoSuperior Court of Pennsylvania · 1939
- Lane v. LaneSuperior Court of Pennsylvania · 1923
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