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Smith v. Smith

Superior Court of Pennsylvania
Apr 16, 1959
150 A.2d 881 (Pa. Super. Ct. 1959)

Opinion

March 2, 1959.

April 16, 1959.

Divorce — Desertion — Separation fault of complainant — Subsequent insincere offer of reconciliation.

In a proceeding by the husband for a divorce upon the ground of wilful desertion, in which the trial judge found that the original separation of the parties was clearly the fault of the husband, and that his subsequent offer of reconciliation was insincere and not made in good faith, it was Held that the decree of the court below, refusing the divorce, should be affirmed.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

Appeal, No. 28, Feb. T., 1959, from decree of Court of Common Pleas of Lackawanna County, Jan. T., 1958, No. 694, in case of John G. Smith v. Pauline Kingsley Smith. Decree affirmed.

Same case in court below: 16 Pa. D. C. 2d 449.

Divorce. Before EAGEN, J., without a jury.

Decree entered dismissing complaint. Plaintiff appealed.

Edward M. Murphy, for appellant. Morris B. Gelb and James J. Powell, for appellee.


Submitted March 2, 1959.


The decree of the court below is affirmed at appellant's cost on the opinion of Judge EAGEN of the Court of Common Pleas of Lackawanna County, as reported in 16 Pa. D. C. 2d 449.


Summaries of

Smith v. Smith

Superior Court of Pennsylvania
Apr 16, 1959
150 A.2d 881 (Pa. Super. Ct. 1959)
Case details for

Smith v. Smith

Case Details

Full title:Smith, Appellant v. Smith

Court:Superior Court of Pennsylvania

Date published: Apr 16, 1959

Citations

150 A.2d 881 (Pa. Super. Ct. 1959)
150 A.2d 881