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CAMPBELL v. CAMPBELL (01/21/58)

January 21, 1958

CAMPBELL
v.
CAMPBELL, APPELLANT.



Appeal, No. 201, Oct. T., 1957, from decree of Court of Common Pleas of Delaware County, March T., 1955, No. 453, in case of John J. Campbell v. Dorothy T. O'Hanlon Campbell. Decree affirmed.

COUNSEL

Harry J. Gerber, with him Rocap & Rocap, for appellant.

Robert F. Jackson, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, and Watkins, JJ. (ervin, J., absent).

Author: Gunther

[ 185 Pa. Super. Page 475]

OPINION BY GUNTHER, J.

This is an action in divorce by the husband based on grounds of indignities and adultery. After a number of hearings, the master recommended that a decree be granted on both grounds and exceptions were filed. The lower court dismissed the exceptions and filed an opinion sustaining the master's recommendations.

The parties were married on March 28, 1941 in Wilmington, Delaware and took up residence in Philadelphia. Later they moved to Delaware County where they lived together until February of 1951 at which time the plaintiff withdrew from the marital domicile. A son was born of the marriage on July 20, 1942.

The testimony reveals that the main cause of the difficulty between the parties was Thomas Porter, unmarried, who took up residence with the parties prior

[ 185 Pa. Super. Page 476]

    to the separation and later, after the separation, continued to reside with defendant after the plaintiff withdrew. Most of the indignities alleged arose out of the conduct between defendant and Porter who was named as co-respondent. The presence of Porter in the home led to many arguments. He received the attentions of defendant to the exclusion of the plaintiff; she went out with Porter socially and on automobile drives; she went to the movies with him, addressed him in affectionate terms, washed his clothes, prepared his meals, packed his lunch box and shared expenses with him at the seashore. Porter gradually but definitely assumed the position of "boss" of the home.

The indignities complained of consisted of complaints on the part of the plaintiff regarding the undue familiarity of the defendant with Porter which caused him embarrassment and unhappiness and further that arguments arose when he remonstrated. Defendant, against the wishes of plaintiff, worked in a taproom for approximately two years and did not get home until the early hours of the morning. She called him vile names to which plaintiff admits he responded but without excessive retaliation. She belittled his work, cursed him with regularity, said she was sorry she ever met him, refused to allow him to visit his relatives or have them or his friends in the home and subjected him to silence, without talking to him for days at a time over a long period of time.

In September 1954, plaintiff and police officers raided the quarters in which defendant and co-respondent lived together in Wildwood, N.J., during the summer months from 1950 to the time of hearing. Thomas Porter admitted that he lived there with defendant and her son in two rooms; however, Mrs. Cunningham, the landlady, testified ...


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