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COLIN v. COLIN. (07/17/56)

July 17, 1956

COLIN, APPELLANT,
v.
COLIN.



Appeal, No. 193, April T., 1955, from decree of Court of Common Pleas of Allegheny County, July T., 1952, No. 1751, in case of Yrdity J. Colin v. Aloysious O. Colin. Decree affirmed.

COUNSEL

William J. Krzton, with him Esler W. Hays, for appellant.

Alvin J. Porsche, for appellee.

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

Author: Gunther

[ 181 Pa. Super. Page 565]

OPINION BY GUNTHER, J.

This divorce case comes to this Court on appeal by the wife-plaintiff from the refusal of the court below to grant a divorce a mensa et thoro based on cruel and barbarous treatment and indignities to the person.

After a hearing, the master filed findings of fact and conclusions of law. Plaintiffs exceptions were filed and argued. The lower court dismissed the exceptions, adopted the master's report, and approved the recommendations refusing the divorce.

This case was heard in the court below together with a cross suit filed by the appellee herein praying for an absolute divorce. The latter suit was also dismissed.

The parties were married on May 10, 1927, before a justice of the peace in Brackenridge, Pa., and went to live at 125 Morgan St., Brackenridge, Allegheny County, Pennsylvania, where they lived together without interruption until sometime early in 1952. Plaintiff-appellant then removed to the home of a daughter by a previous marriage which ended in divorce. This daughter's home was in Wilkinsburg, Pa., while appellee continued to reside at the Brackenridge address. The couple have one child, a son, who was in the Navy at the time of the hearings and is an adult.

The parties lived together relatively harmoniously until 1944, with the exception of an incident in 1932 when the wife confessed to an adulterous affair. This matter became known to the husband and, after discussion

[ 181 Pa. Super. Page 566]

    by the parties and the fathers of each, the wife was forgiven and the matter apparently was not discussed for an extended period of years. By 1944, defendant-appellee, who had been a heavy drinker, lapsed into acute alcoholism. He recognized, however, the gravity of his situation and began to seek treatment for this condition. From this point up to the final separation the marital life of the parties was marked by discord. The husband was upset by the frequent absences of the wife at bingos or other social affairs of a similar nature. He attributed much of the absence to his wife's being with other men and repeated his suspicions of misconduct in the presence of men whom he found in his home in company with his wife under not-usual ...


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