Sirbaugh v. Sirbaugh

Philadelphia County Court of Common Pleas

Sirbaugh v. Sirbaugh

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

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedMarch 5, 1943

Docketno. 1858

StatusPublished

This text of 46 Pa. D. & C. 417 (Sirbaugh v. Sirbaugh) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*418119 Pa. Superior Ct. 341 (1935), is different because there a final decree had been enforced.

Free access — add to your briefcase to read the full text and ask questions with AI

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]*418119 Pa. Superior Ct. 341 (1935), is different because there a final decree had been enforced.

Cite This Page — Counsel Stack

Bluebook (online)

46 Pa. D. & C. 417, 1943 Pa. Dist. & Cnty. Dec. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sirbaugh-v-sirbaugh-pactcomplphilad-1943.

Opinion

Related

Cite This Page — Counsel Stack