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THOMS v. THOMS. (11/15/62)

November 15, 1962

THOMS, APPELLANT,
v.
THOMS.



Appeals, Nos. 102 and 103, Oct. T., 1962, from orders of Court of Common Pleas No. 2 of Philadelphia County, Dec. T., 1958, No. 1504, in case of William W. Thoms v. Margaret S. Thoms. Orders affirmed.

COUNSEL

George S. Pressman, with him Samuel E. Dennis, and Dennis, Lichtenstein, Cohen & Dennis, for appellant.

Francis T. Anderson, with him John Patrick Walsh, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 199 Pa. Super. Page 370]

OPINION BY ERVIN, J.

The appellant, William W. Thoms, instituted an action in divorce against the appellee, Margaret S. Thoms, on the grounds of indignities and desertion. The master recommended that the complaint be dismissed.

[ 199 Pa. Super. Page 371]

The court below entered an order dismissing the complaint.

The parties were married February 13, 1926 and, with the exception of two short separations, resided together at various addresses in the City of Philadelphia until June 16, 1957, when the appellant left the marital abode. The appellant at the time of the hearing was 60 years of age and his wife 55 years of age, and they are the parents of an adult son, who is married and does not live with either of the parties.

The appellant testified that the wife on numerous occasions accused him of infidelity and called him a "dirty bum" and other opprobrious names. Her conduct was persisted in for a sufficient length of time and is strong enough to make out a case of indignities if the testimony of the husband and his witnesses is believed. On the other hand, the wife's conduct may be excused and does not constitute indignities if her suspicions were "reasonably aroused": Coon v. Coon, 173 Pa. Superior Ct. 60, 64, 95 A.2d 344; Miln v. Miln, 175 Pa. Superior Ct. 613, 616, 106 A.2d 862; Freedman, Law of Marriage and Divorce in Pa., Vol. 2, 2d ed., at p. 725.

The appellant admitted that he went around with one Ethel Welsh and took her to night clubs and to Atlantic City for a period of time after he first met her in 1930. He also admitted frequently taking Margaret Wurster to night clubs and race tracks. He also admitted going to her home in Blackwood, New Jersey, 50 times and staying at her home 10 or 12 times over weekends. He admitted kissing her and having lipstick on his shirt and on his handkerchiefs. He admitted carrying a picture of her daughter in his wallet. All of this went on for a long period of time while his wife sat ...


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