Duncan v. Duncan

Full title: Duncan, Appellant, v. Duncan

Court: Supreme Court of Pennsylvania

Date published: Apr 13, 1953

96 A.2d 115 (Pa. 1953)

96 A.2d 115

Opinion

March 23, 1953.

April 13, 1953.

Before STERN, C. J., STEARNE, JONES, CHIDSEY and MUSMANNO, JJ.

Appeal, No. 28, March T., 1953, from order of Superior Court, April T., 1949, No. 34, reversing decree of Court of Common Pleas of Fayette County, Sept. T., 1946, No. 281, in case of Edward P. Duncan v. Anna Duncan. Order affirmed.

Same case in Superior Court: 171 Pa. Super. 69.

Divorce proceeding.

Report of master filed recommending decree of divorce on the ground of desertion; exceptions to master's report dismissed and decree of divorce entered, before CARR, P. J., MORROW and COTTOM, JJ., opinion by COTTOM, J. Respondent appealed to the Superior Court, which reversed the decree of the court below. Appeal by plaintiff to Supreme Court allowed.

Samuel J. Margiotti, with him Charles J. Margiotti and Margiotti Casey, for appellant.

Anthony Cavalcante, for appellee.

OPINION PER CURIAM, April 13, 1953:

The order of the Superior Court reversing the decree of the Court of Common Pleas of Fayette County and dismissing the libel, is affirmed on the opinion of Judge Ross, reported in 171 Pa. Super. 69, 90 A.2d 357.