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LESLIE v. LESLIE. (06/11/57)

June 11, 1957

LESLIE, APPELLANT,
v.
LESLIE.



Appeals, Nos. 147 and 148, April T., 1956, from decree of Court of Common Pleas of Allegheny County, April T., 1952, Nos. 3491 and 2451, in case of Agnes Ruth Leslie v. Ralph E. Leslie; and Ralph E. Leslie v. Ruth Haut Leslie. Decree affirmed.

COUNSEL

Zeno Fritz, for appellant.

Norman Landy, with him Norman Paul Wolken, and Wolken & Landy, for appellee.

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

Author: Watkins

[ 184 Pa. Super. Page 20]

OPINION BY WATKINS, J.

These appeals are from a decree of the Court of Common Pleas of Allegheny County, dismissing exceptions filed by the appellant wife to a master's report recommending the grant of an absolute divorce to the appellee husband, on the ground of indignities, and the dismissal of the appellant wife's action for divorce from bed and board on the grounds of, (1) cruel and barbarous treatment; (2) indignities to the person.

Both cases were heard simultaneously before the same master. The parties were married on February 2, 1945, while the husband was in military service. The husband, at the time of the hearing, was 36 years of age, the wife 35. There is one child of the marriage, a boy, born March 22, 1947. He resides with his mother. The husband, at the time of the hearing, was a taxi driver but during his marriage, and prior thereto, was a funeral director.

The wife knew of his occupation as a funeral director at the time of their marriage and made no objection to it. After his return from military service, three years after the marriage, they resided with the husband's parents for one year and three months. The wife could not get along with her husband's parents and constantly criticized his occupation as a funeral director, stating that all he did was "sit around waiting for people to die." Finally, acceding to her pressure, he gave up the funeral business and sought employment elsewhere. He took any kind of job available, indicating his desire to meet his wife's objections, both to his business and his family. This is indicated by his acceptance of a job as bartender in Frankenmuth, Michigan, and the fact that, at the time of the hearing, he was working as a taxi-driver.

The family lived together in Frankenmuth, Michigan when the appellee husband reenlisted in the U.S.

[ 184 Pa. Super. Page 21]

Air Force, and then the parties lived at Rapid City, South Dakota. In 1950, the husband received a discharge. His father having died, the appellee returned his family to 721 Brushton Avenue, Pittsburgh. This time, however, they occupied the entire home, the appellee's family having moved out.

Despite the fact that the husband's family were no longer present she continued her course of conduct of ridicule and abuse. She insisted on having the child, then three years old, share their bed and sleep between them; and finally, in the ...


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