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BRANDMAN v. BRANDMAN (01/21/58)

January 21, 1958

BRANDMAN
v.
BRANDMAN, APPELLANT.



Appeal, No. 288, Oct. T., 1957, from decree of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1951, No. 5357, in case of Sylvan Brandman, also known as Sylvan J. Brandman, v. Martha Brandman. Decree affirmed; reargument refused March 3, 1958.

COUNSEL

Philip M. Hammett, for appellant.

Alfred I. Ginsburg, with him Bernard L. Lemisch, for appellee.

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

Author: Watkins

[ 185 Pa. Super. Page 393]

OPINION BY WATKINS, J.

This is an appeal from a decree of the Court of Common Pleas No. 1 of Philadelphia County, granting Sylvan Brandman, the appellee husband, an absolute divorce from Martha Brandman, the appellant wife, on the ground of indignities.

Both the wife and husband brought actions in divorce and the court below consolidated the cases for a hearing before a master. The result was a report recommending the husband's divorce and the dismissal of the wife's action in divorce a mensa et thoro. Exceptions filed by the appellant were dismissed and a final decree entered August 9, 1955.

The wife appellant then appealed to this Court and on April 9, 1956, before argument on the merits, an order issued vacating the decree of divorce and remitting the record to the court below for the purpose of incorporating into the record certain testimony omitted from the transcript.

The case was remanded to the master, who filed a supplemental report, reaffirming his original recommendation. Exceptions were again dismissed, and on March 18, 1956, a final decree in divorce was entered. This appeal followed.

[ 185 Pa. Super. Page 394]

On July 23, 1957, appellant filed with this Court a petition to vacate the Decree in Divorce and to remand the record to the court below. This petition was dismissed on August 23, 1957.

The parties were married on August 30, 1941. There are no children of the marriage. At the insistence of the appellant this marriage was kept a secret and she continued to use her maiden name. The appellant refused ...


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