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COX v. COX (06/16/67)

decided: June 16, 1967.

COX
v.
COX, APPELLANT



Appeal from decree of Court of Common Pleas of Delaware County, No. 6145 of 1964, in case of Joseph C. Cox, Jr. v. Elizabeth P. Meiler Cox.

COUNSEL

Nicholas Kozay, Jr., with him Katz, Kozay, Burgess & Black, for appellant.

Garland D. Cherry, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Wright, J., joins in this dissenting opinion.

Author: Per Curiam

[ 210 Pa. Super. Page 65]

Decree affirmed. Having made an independent study of the entire record, we are of the opinion that the court below properly granted a decree in divorce a.v.m. in this case.

Disposition

Decree affirmed.

Dissenting Opinion by Hoffman, J.:

In the instant case, the husband has set forth a series of events which, standing alone, would certainly

[ 210 Pa. Super. Page 66]

    justify the granting of a divorce on the ground of indignities.

The record in this case presents a problem, however, which should be considered at greater length. The wife defendant, over a period of thirteen years, had been an inmate at various mental hospitals on twelve different occasions. She had been treated by psychiatrists at a cost of approximately $25,000. Moreover, the indignities alleged were often of so extreme a nature that they appear to be the product of an ...


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