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GREEN v. GREEN. (11/13/56)

November 13, 1956

GREEN, APPELLANT,
v.
GREEN.



Appeal, No. 2, Oct. T., 1956, from order of Court of Common Pleas No. 6 of Philadelphia County, March T., 1950, No. 7443, in case of William Green v. Irene Smallwood Green. Order reversed.

COUNSEL

I. Raymond Kremer, with him Robert N. C. Nix, for appellant.

Abraham T. Needleman, with him Nelson Romisher, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).

Author: Woodside

[ 182 Pa. Super. Page 288]

OPINION BY WOODSIDE, J.

In this case the court below refused the husband a divorce after the master had recommended that it be granted on the grounds of indignities and cruel and barbarous treatment.

The parties were married in 1932 and after several temporary separations finally parted in January 1949. They have one child, a daughter now in her early twenties. They were both 39 years of age at the time of the hearing, reside in Philadelphia, and are employed at the Quartermaster Depot of the Marine Corps.

They had been separated at the time the husband went into military service during World War II. While he was in the service, the wife wrote to him asking him to resume marital relations after he was discharged. This he agreed to do, sending her money which was used in the purchase of a house in which they lived from 1945 until they again separated. The wife put the title to this house in her own name, and thereafter refused to transfer it to both names. This was one of the irritating factors in the marriage.

The husband enjoyed music and sang with a quartet and church choir, spending considerable time rehearsing and giving concerts with the quartet. His wife did not care for "singers and musical instruments" and preferred to play poker. Thus, they spent much of their time going their own way.

The plaintiff testified that when Herbert Dickerson, a member of the quartet, was at plaintiff's home, his wife started an argument and threw a ber bottle at

[ 182 Pa. Super. Page 289]

    him narrowly missing both him and his friend; that when he was taking two suits to the tailor one afternoon she grabbed them, cut them with a razor, and at the same time threatened to cut him; that at another time while he was sleeping she came into the room with a pipe wrench, threatened to kill him, and aimed a blow at his head with the wrench striking him on the arm which he had thrown up to protect himself; that another time he was awakened ...


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