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DITROIA v. DITROIA (04/21/64)

THE SUPREME COURT OF PENNSYLVANIA


April 21, 1964

DITROIA
v.
DITROIA, APPELLANT.

Appeal, No. 108, March T., 1964, from order of Superior Court, April T., 1964, No. 18, affirming decree of Court of Common Pleas of Allegheny County, July T., 1955, No. 1954, in case of Salvatore E. DiTroia v. Stella I. DiTroia. Order affirmed.

COUNSEL

James F. Clarke, with him James B. Ceris, for appellant.

Harold Gondelman, with him Maurice B. Wechsler, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

[ 414 Pa. Page 257]

OPINION PER CURIAM

In this proceeding the master recommended the grant of a divorce. After overruling the exceptions to the master's report, the court of common pleas granted the decree and the Superior Court in 202 Pa. Superior Ct. 7, 193 A.2d 877 (1963) affirmed the judgment. We concur in the determination that the weight of the credible evidence sustains the decree on the ground of indignities to the person and that the pornographic pictures admitted in evidence by the master as part of defendant's case were not sufficient to require the determination

[ 414 Pa. Page 258]

    that the plaintiff was not an innocent and injured spouse.

Mr. Justice MUSMANNO dissents.

Disposition

Order affirmed.

19640421

© 1998 VersusLaw Inc.



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