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DAVIDSON v. DAVIDSON (12/17/59)

December 17, 1959

DAVIDSON
v.
DAVIDSON, APPELLANT.



Appeal, No. 196, April T., 1959, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1953, No. C1719, in case of Morris G. Davidson v. Sylvia Davidson. Decree affirmed.

COUNSEL

Ruth F. Cooper, with her Dane Critchfield, for appellant.

Harold Gondelman, with him J. B. Alpern, for appellee.

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

Author: Ervin

[ 191 Pa. Super. Page 306]

OPINION BY ERVIN, J.

This appeal relates to an action in divorce instituted by the husband against the wife on the grounds of indignities and desertion. The master recommended that the divorce be granted on both grounds. Exceptions were dismissed by the court below and the master's recommendation was approved. The final decree was entered on July 8, 1959, whereupon the wife appealed to this Court.

It would serve no useful purpose to set forth in detail the testimony, spread over 833 typewritten pages, taken on seven days of hearings before the master. We have carefully examined, as we are required to do, all of this testimony and we are of the opinion that the decree of the court below should be sustained upon the charge of indignities to the person. It will, therefore, be unnecessary for us to consider the charge of desertion.

[ 191 Pa. Super. Page 307]

The parties were married on November 22, 1945 and had one child, Nancy. They lived with the wife's parents for approximately six and one-half months and then lived in a duplex apartment occupied by his parents, which had a separate entrance to their apartment, and about three and one-half years prior to the final separation the parties rented and moved into an apartment in Dormont, Pennsylvania, where they remained until the time of the separation, which occurred on or about July 28, 1953. Thereafter the appellee lived with his parents and the appellant lived at various places but most of the time in Florida, where she had taken Nancy.

The appellee was employed by his father as a meat cutter and worked from about 6:30 a.m. until 6:30 p.m., earning approximately $61.00 per week. He brought his pay home regularly and gave it to his wife and she managed their financial affairs.

After the parties began living in Dormont the wife developed a great antipathy toward the parents of her husband and objected to her husband working for his father or having any contact with his family. The parties visited her parents frequently and were on good terms with them. The wife would not even permit the husband to call his parents on the telephone from his home and when he called them from a pay station outside of the home she went into a tirade and warned him that under no circumstances was he to have any conversation or dealings with his parents. When he suggested visiting his parents, she stated that if he did she would lock the door and not let him in. She would not permit the child, Nancy, to see his parents and when they sent a snow suit as a gift for the child and gifts to him, ...


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