75 Pa. Super. 483 | Pa. Super. Ct. | 1921
Opinion by
The original libel filed in this case charged the respondent with (1) cruel and barbarous treatment endangering her husband’s life; (2) indignities to his person such as rendered his condition intolerable and life burdensome; (3) wilful and malicious desertion. The libel was subsequently amended by striking out the charge of cruel and barbarous treatment. The case was heard before a master and a large volume of evidence was taken. The charge of desertion was dismissed and a decree recommended in favor of the plaintiff for indignities to the person. The report of the master was approved and a decree entered in favor of the appellant. The evidence taken is directed to the second and third causes of complaint. The first question presented for consideration relates to the bona fides of the defendant’s residence in Pennsylvania and the jurisdiction of the court to grant the decree. The libel was filed September 14, 1917. It averred that the libellant had been a resident of the State of Pennsylvania for one or more years previous to the filing of the libel. The parties were mar
After a careful examination of all of the evidence, we are of the opinion also that the libel should have been dismissed for lack of merit. As before stated, it charged cruelty, indignities to the person and desertion, as originally filed. All of these charges were set forth on oath by the libellant. Before the case came to a hearing, the charge of cruelty was withdrawn and no evidence was presented tending in the slightest degree to support such charge except the libellant’s statement that about sixteen years ago his wife once scratched him on the back. Nor was there confirmation of the charge of desertion. On the libellant’s own admission, he left the apartment where he and his wife were living, November 29, 1915, and never returned thereto. His explanation of their separation was that her son informed Mm that Mrs. Abbott wanted to see him, whereupon he
The only ground of complaint left was indignities to the person. A bill of particulars was filed covering the charges of indignities and desertion, but this is expressed in such general terms as to give little information of specific acts on which the libellant depended to make out a case. The only relevant portion of the bill of particulars relating to the charge of desertion is that the respondent barred herself from the libellant and would have no further communication with him. This is not supported by the evidence, and it must be held as wholly failing to sustain the accusation in this respect. The particulars relating to indignities to the person are without specifications of times, places or facts and give little more information than the general charge in the libel. The testimony of the libellant is scarcely less vague, general and indefinite than is the complaint in the libel and the bill of particulars. In general terms the accusation was that the respondent began a course of nagging and harassing the libellant which continued up to the time of the alleged desertion; that she insisted the libellant maintain a standard of living far in excess of his means, and insisted from time to time on increase after increase of expenditures so that his household expenses always increased in a greater ratio than his income; that respondent insisted that her son, James Iverson, should live with them, and his presence caused unending friction between the libellant and respondent in which the latter always took the side of her son; that the maintenance of her son devolved on the libellant who had been compelled to support him in idleness; that the marital troubles of the parties were immensely augmented and greatly increased by the interference of the son and by his encouraging the respondent to combat the libellant; that the respondent was ad-
The charge in the bill of particulars that the stepson caused unending friction between the libellant and respondent was not supported by any evidence, and the same may be said of the charge that the libellant was compelled to support him in idleness. In referring to these particulars we do not wish to be understood as assuming that they are evidence of indignities to the person if sustained. They tend to show rather the lack of substantial and important facts by which such a charge should be supported.
The accusation that the respondent had “continuously, repeatedly, openly, publicly, ostentatiously and with desire to embarrass, annoy and humiliate the libellant, accused him of improper relations with other women,” is supported in the testimony of the libellant who refers to two dates when he says this occurred. The first time was in 1908 or 1909. On that occasion, he had received a letter in a woman’s handwriting. .When he opened it, Ms wife observing the fact asked Mm from whom it was. His explanation was apparently not satisfactory to her, and as he says, she
• That the parties had disputes from time to time appears from the evidence. The libellant says that they arose from the respondent’s nagging and abusive disposition. The respondent attributes their trouble to his drinking, profanity and vulgarity. That the libellant was not free from blame may be inferred from his own admission. Referring to the removal from Boston to New York, he testified in response to a question of his counsel “we started in housekeeping and it was just the same atmosphere — the same atmosphere we had in Boston. Q. What do you mean by that? A. Unhappiness, quarrellings and debts. Q. Who quarrelled? A. She and I of course.” At a later stage of the examination he was asked this question: “Q. Give one particular quarrel, state where it occurred, and what occurred, what she said and what you said? A. I cannot give you those dates. It is out of the question, because they were so often, and there was always a constant bickering about them. I can’t think back just to the exact time.” It seems a reasonable conclusion that the libellant took his own part, in the discussions which arose between them. Some other occurrences were testified to which were unimportant as bearing on the charge which the libellant undertook to sustain. He spoke frequently of the respondent’s extravagant habits and the cost of their manner of living, but it appeared that she made a very substantial contribution to their common fund out of her own estate, and there is nothing in the evidence from which the conclusion could be drawn that any element
The judgment is reversed and the bill dismissed at the cost of the libellant.