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PATTON v. PATTON (06/11/57)

June 11, 1957

PATTON
v.
PATTON, APPELLANT.



Appeal, No. 232, April T., 1956, from decree of Court of Common Pleas of Fayette County, Dec. T., 1954, No. 604, in case of James L. Patton v. Hilda Jane Patton. Decree affirmed.

COUNSEL

David E. Cohen, with him Hugh J. Lane, and Lane & Lane, for appellant.

Alex Z. Goldstein, for appellee.

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

Author: Watkins

[ 183 Pa. Super. Page 469]

OPINION BY WATKINS, J.

This is an appeal from an order of the Court of Common Pleas of Fayette County dismissing the exceptions filed, by the appellant wife, to a decree in divorce, on the ground of indignities.

The parties were married on September 2, 1944. The husband was 32 years of age and the wife 33, at the time of the hearing. There is one child of the marriage, a girl born in 1946, who lives with her mother. The husband is employed as a visitor by the Pennsylvania

[ 183 Pa. Super. Page 470]

Department of Public Assistance, the wife makes her home in Allison, Pennsylvania. The parties have been separated since September, 1954.

The record discloses a course of conduct, on the part of the appellant, from 1946 until September 1954, which the master found supported the charge of indignities to the person.

After the birth of her daughter, the appellant became quarrelsome, indifferent and frigid toward the appellee. She treated her husband and his family with hate and contempt. There were several separations prior to September 1954, and the appellee was always the moving party in trying to persuade his wife to try again to save the marriage.

She nagged him continuously; telling him that she had married beneath her and made this statement publicly many times. She said he wasn't any good; that she did not love him; that she was ashamed to go ...


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