Opinion
April 10, 1940.
April 29, 1940.
Appeals, Nos. 159 and 160, April T., 1940, from decrees of C.P. Allegheny Co., July T., 1937, No. 3441 and April T., 1938, No. 2917, in cases of Alexander Joseph E. Szily v. Margaret Szily; and Margaret Szily v. Alexander Joseph E. Szily. Decrees affirmed.
Libel filed by husband for divorce a.v.m.; libel filed by wife for divorce a mensa et thoro from husband. Before EGAN, J., without a jury.
Decree of divorce refused husband; decree entered granting wife a divorce a mensa et thoro. Husband appealed from the decree entered in each case.
Error assigned, among others, in each case, was the final decree.
David Turets, for appellant.
Louis Dadowski, Jr., with him W. Davis Graham, for appellee.
Argued April 10, 1940.
We have read the testimony in these cases with care and agree with the learned judge of the court below, who heard the cases, that the husband, who sought a divorce a vinculo matrimonii from his wife is not entitled to a decree; and that the wife, who sought a divorce a mensa et thoro from her husband, is entitled to a decree.
No good purpose will be served by reciting the unsavory details which appear in the record. They support the respective decrees entered by the court below.
No. 159 — Decree affirmed at costs of appellant.
No. 160 — Decree affirmed at costs of appellant.