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SPRAY v. SPRAY. (01/21/58)

January 21, 1958

SPRAY, APPELLANT,
v.
SPRAY.



Appeal, No. 175, April T., 1957, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1952, No. 1684, in case of George C. Spray v. Miriam F. Spray. Decree affirmed.

COUNSEL

Clarence H. Clasper, with him Wm. J. Graham, for appellant.

James A. Danahey, with him J. I. Simon, for appellee.

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

Author: Watkins

[ 185 Pa. Super. Page 408]

OPINION BY WATKINS, J.

This is an appeal from an order of the Court of Common Pleas of Allegheny County denying the appellant a divorce on the ground of indignities to the person.

This action for divorce was brought by the appellant husband, George C. Spray, against the appellee wife, Miriam F. Spray, on the grounds of indignities and cruel and barbarous treatment. The charge of cruel and barbarous treatment was not pressed. The master recommended that the divorce be denied. Exceptions

[ 185 Pa. Super. Page 409]

    were filed, and after argument, dismissed and a decree entered denying the divorce.

The parties were married December 3, 1923. The appellant husband is 56 years of age, the appellee wife is the same age. There is one child born of this marriage, Ronald Fisher Spray, who is 29 years of age, married and living apart from his parents.

After a careful study of the entire record in this case we are convinced that Judge WEISS has written a well considered opinion in dismissing the exceptions to the master's report and refusing a decree in divorce, and would adopt the following portion of it: "Plaintiff, as the records disclose, bases his charge of indignities upon general allegations and a specific charge of unjust accusations of infidelity. Regarding the first, he testified, inter alia, that defendant early in their married life began to exhibit 'a studied and deliberate course of contempt, hatred and slander against all members of my family, especially against my mother, all of which caused me extreme embarrassment, humiliation, and discomfort;' that defendant objected when he engaged in any social activity and attempted dominion of them and business associations; that he was not permitted to have any alcoholic beverages in his home; that he had no control over the raising of his child; that he was accused of being not ill when he was very ill; that defendant complained to others that he was a psychopath; that defendant on several occasions complained of his alleged ...


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