Opinion
April 28, 1944.
July 15, 1944.
Divorce — Indignities — Evidence — Course of conduct.
In a divorce proceeding, it was Held that the evidence failed to establish a course of conduct on the part of the respondent warranting a decree of divorce on the ground of indignities to the person of the libellant.
Before KELLER, P.J., BALDRIGE, RHODES, HIRT, KENWORTHEY, RENO and JAMES, JJ.
Appeal, No. 86, April T., 1944, from decree of C.P., Allegheny Co., Oct. T., 1942, No. 1216, in case of Edward G. Helmich v. Jean G. Helmich. Decree affirmed.
Divorce proceeding. Before O'TOOLE, J.
Decree entered dismissing libel. Libellant appealed.
Frank F. Troup, for appellant.
No one appeared or filed a brief for appellee.
Submitted April 28, 1944.
We agree with the learned judge of the court below that the testimony in this case might, perhaps, have sustained a decree of divorce on the ground of wilful and malicious desertion, if the libel had averred that ground, and the desertion had continued for two years; but that it wholly fails to establish a course of conduct on the part of the respondent warranting a decree of divorce on the ground of indignities to the person of the libellant, such as to render his condition intolerable and his life burdensome, as alleged in the libel.
The decree is affirmed at the costs of the appellant.