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TADDIGS v. TADDIGS. (12/12/62)

December 12, 1962

TADDIGS, APPELLANT,
v.
TADDIGS.



Appeal, No. 274, April T., 1962, from order of Court of Common Pleas of Allegheny County, Jan. T., 1958, No. 3023, in case of Carl F. Taddigs v. Mary E. Taddigs. Order affirmed.

COUNSEL

Maurice H. Goldstein, for appellant.

William J. Graham, with him Morris B. Greenberg, for appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, And Flood, JJ. (woodside, J., absent).

Author: Montgomery

[ 200 Pa. Super. Page 30]

OPINION BY MONTGOMERY, J.

This is an appeal from an order sustaining exceptions of the defendant-appellee to the master's report and refusing a divorce a.v.m.

Appellant, Carl F. Taddigs, instituted this action in divorce on the grounds of indignities to the person. A master was appointed, who, after hearing the testimony, filed a master's report recommending that the divorce be granted. The appellee filed exceptions to the master's report and also filed a petition to open the proceeding for after-discovered evidence. The court below did not consider the "after-discovered evidence", a letter from a member of the minor judiciary in the State of New York to the appellant, for the reason that this letter standing alone was inadmissible as evidence. The lower court therefore treated this case as coming before them upon the exceptions to the master's report.

The parties were married on April 14, 1934, in Orange, New Jersey, and one child, a son, was born to them, who, at the time of the hearing was twenty-five

[ 200 Pa. Super. Page 31]

    years of age, unmarried, unemployed, and residing with his mother.

Since their marriage the parties lived in Orange for six years and then in Elmira, New York, for twelve years. In 1952 they moved to Pittsburgh where they resided together continuously until December 11, 1957.

At the hearing the appellant testified that during the course of his marriage, and more specifically during the last twelve years of their cohabitation, the appellee's conduct was such as to amount to indignities to the person in that she denied the appellant her affection and refused to have sexual relations with him, except on five occasions in the twelve years prior to the commencement of the divorce action. She did not keep the house clean and did not usually cook for the appellant, although she did cook for herself and their son. She, on various occasions, threw telephone books at the appellant, pushed over tables and scattered pots, pans, flour and recipe books on the floor of the appellant's business establishment, a bakery. She frequently played the radio and phonograph very loud, sometimes in the middle of the night, in order to disturb appellant's rest. She created scenes and destroyed property in ...


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