50 Pa. Super. 30 | Pa. Super. Ct. | 1912
Opinion by
The libel in this case as originally filed contained three causes of complaint, viz.: cruel and barbarous treatment, indignities to the person and adultery. The latter charge was stricken from the record November 14, 1910, on the petition of the libelant who represented to the court that it was inserted in the libel owing to a misunderstanding, misapprehension and misinformation in regard to certain facts and that for the reason that he misapprehended the facts and had been misinformed in regard thereto by information which he now believes to be untrue he desired the libel to be amended by striking therefrom the charge of adultery. Personal service of the subpoena was not had on the respondent, and after the return of the sheriff’s, proclamation an examiner was appointed to take testimony. The respondent was served with notice that testimony would be taken November 19 at . the complainant’s residence and at that time the testimony of two witnesses was taken, the respondent not being present nor represented by counsel. Two days later the report of the
If the matters alleged against the appellant were clearly established and unexplained a case would probably exist of indignities to the person, which is the second cause of action set up in the libel, but we are unable to find from a careful and painstaking examination of all of the testimony that this charge is established.. The serious part of the complaint which is supported by evidence is the application of defamatory names, the charge of immoral conduct, interference with the business of the hospital and the effort to have the complainant removed from his position. We have already referred to the evidence relating to the alleged meddling of the respondent with the affairs of the hospital, but when this evidence is examined it is found to consist of applications by the respondent to her husband and to some of the members of the board of trustees for improvements which she thought necessary or desirable in that part of the building in which she and her family lived. Even if these requests were urgent and frequent such action does not involve any element of indignity to the person of the complainant. The request may have been appropriate or not, but we cannot consider the expressed desire of the respondent to have a new carpet or
The decree is therefore reversed and the libel dismissed at the cost of the appellee.