Opinion
October 8, 1946.
December 11, 1946.
Divorce — Cruelty — Indignities — Evidence — Appellate review.
In a proceeding for divorce on the grounds of cruelty and indignities, it was Held on appeal by respondent that the evidence entitled libellant to a decree.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 171, Oct. T., 1946, from judgment of C.P. No. 5, Phila. Co., March T., 1945, No. 330, in case of Anne Elizabeth Donoghue v. Charles M. Donoghue. Judgment affirmed.
Divorce proceeding.
Exceptions to report of master recommending decree of divorce on grounds of cruel and barbarous treatment and indignities dismissed and decree of divorce entered, opinion by ALESSANDRONI, J. Respondent appealed.
Henry D. O'Connor, with him Edward A. O'Neill, for appellant.
Bryan A. Hermes, for appellee.
Argued October 8, 1946.
In this divorce case the wife filed her libel, alleging as her ground for divorce, cruel and barbarous treatment and indignities, both in the language of The Divorce Law of 1929. The master recommended a divorce on both grounds and over the exceptions of the respondent the court below granted the divorce. As is usual in these cases, the question involved is only the believability of the testimony offered for libellant, which convinced the master and the court below. We have made a careful and independent examination of the whole record, which convinces us that the libellant was entitled to a decree.
Judgment affirmed.