Appeal, No. 228, Oct. T., 1956, from decree of Court of Common Pleas of Clearfield County, Feb. T., 1955, No. 457, in case of Dr. E. Noer Larsen v. Mary Larsen. Decree reversed; reargument refused July 8, 1957.
Carl A. Belin, for appellant.
Robert V. Maine, for appellee.
Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).
[ 184 Pa. Super. Page 222]
This is an appeal from a refusal of a divorce by the lower court where the master recommended that it be granted.
The parties were married on January 18, 1947. It was the first marriage for the plaintiff. Defendant had previously been married and lived with her first husband for a period of five years when that marriage was terminated by the death of the husband in military
[ 184 Pa. Super. Page 223]
service. Two children were born to the first marriage. About two years after the death of the first husband, defendant married Dr. E. Noer Larsen and moved into his home with her two children where they lived until the separation on October 15, 1947 and have not lived together since that date.
On November 5, 1947, the Court of Clearfield County made an order requiring Dr. Larsen to pay his wife $250.00 per month for support which order remains in force to this day.
On April 19, 1948, the plaintiff commenced his first action in divorce on the grounds of indignities. On August 9, 1948 plaintiff filed an amended bill of particulars alleging desertion by the defendant.
In that first action the master filed a report recommending that the divorce be refused; and on October 3, 1949, the court entered an order accepting the master's recommendation. No ...