# Decker v. Decker

> Superior Court of Pennsylvania · April 13, 1960 · 192 Pa. Super. 234

URL: https://www.frixlaw.com/law-library/cases/9753894

## Case

- **Full name:** Decker v. Decker, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 13, 1960
- **Citations:** 192 Pa. Super. 234; 160 A.2d 242; 1960 Pa. Super. LEXIS 443
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Rhodes, Gunther, Wright, Woodside, Ervin, Watkins, Montgomery
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9753894

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9753894. Public record. Not legal advice.