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SOPER v. SOPER. (03/24/55)

March 24, 1955

SOPER, APPELLANT,
v.
SOPER.



Appeal, No. 156, Oct. T., 1954, from decree of Court of Common Pleas of Bradford County, Sept. T., 1952, No. 30, in case of Shirley R. Soper v. John B. Soper. Decree affirmed.

COUNSEL

James W. Cullen, for appellant.

John P. Valillee, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ross

[ 178 Pa. Super. Page 183]

OPINION BY ROSS, J.

This action, brought originally for a divorce a mensa et thoro and later amended to seek a divorce a.v.m., on the ground of indignities to the person, was heard before a judge of the court below, who ordered dismissal of the complaint.

The parties were married in New York City on January 21, 1947, when plaintiff was about 23 years old and defendant approximately a year younger. They returned to live on defendant's farm near Athens, where they resided until plaintiff left in May 1952. They have no children.

Plaintiff charges that defendant associated with other women, accused her of "running around" with

[ 178 Pa. Super. Page 184]

    other men, and called her vile names. The name-calling may be disposed of almost summarily. Plaintiff testified that it occurred "two or three times" during the course of heated arguments just prior to the separation.

As we are required to do (Cutter v. Cutter, 165 Pa. Superior Ct. 103, 68 A.2d 192; Wieber v. Wieber, 175 Pa. Superior Ct. 533, 106 A.2d 854), we have made an independent examination of the 336 printed pages of testimony in this case and we conclude that the learned trial judge correctly dismissed the complaint.

No good purpose would be served by setting forth the full details of the incidents which formed the basis of the charges and counter-charges. Many of them took place after the separation and are relevant only as they shed light ...


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