Nesbert v. Nesbert

Opinion by

Dithrich, J.,

Libellant has appealed from a decree dismissing her libel in divorce a mensa et thoro. The libel charged constructive desertion, cruel and barbarous treatment, and indignities to the person, but at the trial reliance was placed almost entirely on indignities.

It is well settled that the proof required must be as clearly established in an action a mensa et thoro as in an action for absolute divorce. Jones v. Jones, 144 Pa. Superior Ct. 372, 19 A. 2d 480; Arnold v. Arnold, 128 Pa. Superior Ct. 423, 194 A. 229. It is equally well settled that where such a charge is made,…