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HAHNE v. HAHNE (01/12/51)

January 12, 1951

HAHNE
v.
HAHNE



COUNSEL

Thomas L. Wentling, Pittsburgh, for appellant.

Armin H. Friedman, Pittsburgh, for appellee.

Before Hirt, Acting P. J., and Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Gunther

[ 168 Pa. Super. Page 325]

GUNTHER, Judge.

Robert W. Hahne filed his complaint in divorce a. v. m. charging his wife, Frances M. Hahne, appellant, with indignities to the person. The matter was heard by the court below and after the hearing, a decree of divorce was entered. The wife has taken this appeal.

Appellant urges that (1) appellee has not, by clear and satisfactory evidence, established that appellant had offered such indignities to the person of her husband as to render his condition intolerable and life burdensome; and (2) that appellee was not an injured and innocent spouse within the meaning of The Divorce Law of 1929, 23 P.S. ยง 1 et seq.

The parties were married on March 12, 1932, at Greenville, Pennsylvania, while appellee was a junior at Thiel College in Greenville. Thereafter, appellee attended Gettysburg Seminary and upon his graduation

[ 168 Pa. Super. Page 326]

    in 1937 was ordained a Lutheran minister. His first pastoral charge was in Scenery Hill, Pennsylvania, where the parties lived for approximately three years. His next pastoral charge was in Glassport, Pennsylvania, where they lived for about three years, and his following pastoral charge was in Cairnbrook, Pennsylvania, for approximately three years until the parties separated on February 17, 1947. Three children were born of the marriage.

The husband testified that the indignities began at the beginning of their married life; that his wife used profanity; that she threw various articles such as books, combs, brushes and shoes at him; that she declared an intention to force him to leave; that she boasted that he would not preach in Glassport or anywhere else; that she took the children and was going to get them 'a new daddy'. Appellee also testified concerning financial difficulties brought about, so he says, by his wife's extravagance, requiring him to pursue other means of employment to enhance his income. Appellant denied these allegations and testified that she had cooperated with her husband in church work; that she was active in the various organizations of his charges, teaching in Sunday School and participating in Girl Scout activities; that she was ill-treated by appellee after being hospitalized following the birth of their last child; that he cruelly abused the children; that he sent her furniture after her during one of the periods of separation without her knowledge or consent; that her husband's conduct was such that she was compelled to leave; that he was responsible for their financial embarrassments, and that their final separation was made necessary by his inability to provide the necessities of life.

The court below candidly admitted having had great difficulty in determining ...


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