Helmich v. Helmich

Superior Court of Pennsylvania

Helmich v. Helmich

38 A.2d 279, 155 Pa. Super. 69, 1944 Pa. Super. LEXIS 434

CourtSuperior Court of Pennsylvania

DecidedApril 28, 1944

DocketAppeal, 86

StatusPublished

This text of 38 A.2d 279 (Helmich v. Helmich) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Helmich v. Helmich, 38 A.2d 279, 155 Pa. Super. 69, 1944 Pa. Super. LEXIS 434 (Pa. Ct. App. 1944).

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Opinion

Per Curiam,

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.

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Per Curiam,

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.

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Bluebook (online)

38 A.2d 279, 155 Pa. Super. 69, 1944 Pa. Super. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helmich-v-helmich-pasuperct-1944.