Opinion

Decker v. Decker

  • 192 Pa. Super. 234
  • 160 A.2d 242
  • 1960 Pa. Super. LEXIS 443
Court
Superior Court of Pennsylvania
Filed
Apr 13, 1960
Status
Published
Author
Wright
On the bench
Rhodes, Gunther, Wright, Woodside, Ervin, Watkins, Montgomery
Cited by
3 cases
Authority
More cited than 10.3%

in view of crowded court docket, master appointed to hear contested divorce

How later courts described this case

  • in view of crowded court docket, master appointed to hear contested divorce

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Wright, J.:

I would dismiss the liusband’s complaint in divorce a.v.m. upon the opinion of Honorable Gerald A. Gleeson, who heard the testimony. As a matter of procedure, I find no authority for the reversal of the decision of the hearing judge by the court en banc. On the merits, as Judge Gleeson has convincingly demonstrated, the husband entirely failed to prove the desertion alleged in his complaint. It is my view that a wife is not guilty of desertion when the husband, whose responsibility it is to provide the habitation, absents himself therefrom and the wife remains therein. See the dissent in Dukenfield v. Dukenfield, 177 Pa. Superior Ct. 215, 110 A. 2d 858 .

Rhodes, P. J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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