Gibson v. Gibson

Lehigh County Court of Common Pleas

Gibson v. Gibson

14 Pa. D. & C. 694, 1930 Pa. Dist. & Cnty. Dec. LEXIS 390

CourtPennsylvania Court of Common Pleas, Lehigh County

DecidedJune 16, 1930

DocketNo. 173

StatusPublished

This text of 14 Pa. D. & C. 694 (Gibson v. Gibson) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gibson v. Gibson, 14 Pa. D. & C. 694, 1930 Pa. Dist. & Cnty. Dec. LEXIS 390 (Pa. Super. Ct. 1930).

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Opinion

Reno, P. J.,

When we read the testimony it seemed probable that the respondent had not attained the age of twenty-one when the libel was filed. At least, the record did not affirmatively show that she was then an adult. Upon our request, the master made a supplementary investigation and ascertained that respondent was born June 22, 1909. Hence, on March 4, 1930, when the libel was filed, respondent was less than twenty-one years old. No guardian ad litem was appointed for respondent at any stage of the proceedings. For that reason the record will not support a decree. It is a fair question whether, apart from this defect, the record shows a case of merit.

Now, June 16, 1930, decree refused and the libel is dismissed, without prejudice to right of libellant to institute another suit for the same cause of action.

From Edwin L. Kohler, Allentown, Pa.

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Reno, P. J.,

When we read the testimony it seemed probable that the respondent had not attained the age of twenty-one when the libel was filed. At least, the record did not affirmatively show that she was then an adult. Upon our request, the master made a supplementary investigation and ascertained that respondent was born June 22, 1909. Hence, on March 4, 1930, when the libel was filed, respondent was less than twenty-one years old. No guardian ad litem was appointed for respondent at any stage of the proceedings. For that reason the record will not support a decree. It is a fair question whether, apart from this defect, the record shows a case of merit.

Now, June 16, 1930, decree refused and the libel is dismissed, without prejudice to right of libellant to institute another suit for the same cause of action.

From Edwin L. Kohler, Allentown, Pa.

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Bluebook (online)

14 Pa. D. & C. 694, 1930 Pa. Dist. & Cnty. Dec. LEXIS 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-gibson-pactcompllehigh-1930.