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HURLEY v. HURLEY (01/17/56)

January 17, 1956

HURLEY
v.
HURLEY, APPELLANT.



Appeal, No. 189, April T., 1955, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1953, No. 2913, in case of Julia Hurley v. Jarvis B. Hurley. Decree affirmed.

COUNSEL

William F. Beatty, for appellant.

Ella Graubart, with her Patterson, Crawford, Arensberg & Dunn, for appellee.

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

Author: Ervin

[ 180 Pa. Super. Page 366]

OPINION BY ERVIN, J.

Jarvis B. Hurley, the defendant, has appealed from the decree of the Court of Common Pleas of Allegheny County granting a divorce a mensa et thoro to his wife, Julia Hurley, the plaintiff.

The complaint was filed on September 15, 1953 and alleged as grounds for divorce from bed and board (1) indignities to the person, and (2) cruel and barbarous treatment. The husband answered denying the charges and, after lengthy hearings, the master recommended that a divorce be granted on the charge of indignities. The master, sustained by the court below, dismissed the charge of cruel and barbarous treatment as unsubstantiated by the evidence. The court below dismissed defendant's exceptions to the master's report and granted the divorce on the ground of indignities. This appeal by the defendant followed.

It is our duty to examine the evidence de novo for the purpose of determining whether the charges alleged in the complaint have been sustained. Bobst v. Bobst, 357 Pa. 441, 54 A.2d 898; Boyles v. Boyles, 179 Pa. Superior Ct. 184, 116 A.2d 248.

The parties were married on January 2, 1937 at Pittsburgh, Pennsylvania. They have lived in Pennsylvania since their marriage and presently reside in Bethel Borough, R.D. 10, Pittsburgh, Pennsylvania, where they have been living for about eight years. Plaintiff was 42 years of age and defendant 45 years of age at the time this divorce proceeding was instituted. There were four children born of the marriage, two boys and two girls, ranging in age from 5 to 16

[ 180 Pa. Super. Page 367]

    at the time of the hearings. Plaintiff is a housewife and is also engaged in part time employment selling plastic kitchenware and perfume. Defendant was previously engaged in the real estate and building construction business but is now in the gas and oil well drilling business.

The bill of particulars filed by the plaintiff contains the following averments of physical violence ...


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