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Thornton v. Thornton

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eBook details

  • Title: Thornton v. Thornton
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 12, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The parties were secretly married in 1936. They were then under age and they did not live together as man and wife until two years later following remarriage in a church ceremony. The separation occurred on August 1, 1947, when the plaintiff left his wife and their two children in their common home. In May, 1948, plaintiff brought this action in divorce charging indignities to his person. From the testimony the master found that the plaintiff in seeking a divorce was not an injured and innocent spouse and recommended a dismissal of the libel on that ground. The lower court however sustained exceptions to the masters report and entered a decree in divorce. Notwithstanding our respect for the opinion of the court below we are convinced from our independent consideration of the record in its entirety, that plaintiff has not sustained the charge of indignities by that clear and convincing proof essential to a decree in divorce. The cumulative result of the hearings before the master, throughout the period of a whole year, is a cumbersome record replete with inconsequential if not wholly irrelevant testimony. Only a few of the thirty charges of plaintiffs bill of particulars tend to support the charge of indignities. We will refer to them briefly.


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