Sirbaugh v. Sirbaugh

Philadelphia County Court of Common Pleas

Sirbaugh v. Sirbaugh

46 Pa. D. & C. 417, 1943 Pa. Dist. & Cnty. Dec. LEXIS 277

Pennsylvania Court of Common Pleas, Philadelphia County·Decided March 5, 1943·No. no. 1858·Published

Opinion

Sloane, J.,

— After the master’s hearing in this case (January 22, 1943) and before the master filed his report (February 20,1943) recommending a divorce, respondent husband died (February 11,1943). The action is therefore abated.

Death dissolved the marital tie and there is nothing further for this court to do. “It is physically and logically impossible for any decree to dissolve a tie which is already dissolved by nature — by act of God”; Stanhope v. Stanhope, L. R. 11 P. D. 103 (1886), 82 Am. Dec. 198, referred to in Hammond v. Hammond, 9 D. & C. 228, 229 (1927). Upperman v. Upperman, [418] 119 Pa. Superior Ct. 341 (1935), is different because there a final decree had been enforced.

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Sloane, J.,

— After the master’s hearing in this case (January 22, 1943) and before the master filed his report (February 20,1943) recommending a divorce, respondent husband died (February 11,1943). The action is therefore abated.

Death dissolved the marital tie and there is nothing further for this court to do. “It is physically and logically impossible for any decree to dissolve a tie which is already dissolved by nature — by act of God”; Stanhope v. Stanhope, L. R. 11 P. D. 103 (1886), 82 Am. Dec. 198, referred to in Hammond v. Hammond, 9 D. & C. 228, 229 (1927). Upperman v. Upperman, [418] 119 Pa. Superior Ct. 341 (1935), is different because there a final decree had been enforced.

Sirbaugh v. Sirbaugh, 46 Pa. D. & C. 417, 1943 Pa. Dist. & Cnty. Dec. LEXIS 277 (Pa. Super. Ct. 1943).

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46 Pa. D. & C. 417 (Sirbaugh v. Sirbaugh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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