Abbott v. Abbott

Citations

• 75 Pa. Super. 483
• 1921 Pa. Super. LEXIS 48

Syllabus

<p>Divorce — Indignities to the person — Domicil of libellant — Insufficient evidence.</p> <p>Where a party, never theretofore a resident of Pennsylvania, comes from another state and institutes an action for divorce against his wife who was never a resident of this State, for an alleged cause of action arising in another state, which cause of action is not cognizable as a cause for divorce in that state, the burden rests on the complainant to show by convincing evidence that he became a resident of this State with the intention of remaining therein and not for the purpose of securing a divorce. It is the duty of the court to examine carefully the evidence relating to residence, and to require that the good faith of the applicant in that respect should be satisfactorily established.</p> <p>A libel for divorce should be dismissed for lack of jurisdiction where the evidence of libellant’s domicil is vague, indefinite and inconsistent and not sufficient to establish a bona fide residence for the year preceding the date of the filing of libel.</p> <p>In the trial of a libel in divorce on the ground of indignities to the person, the libellant must establish a course of conduct by specific acts of sufficient importance and quality to make out a case. Inferences, loose declarations, general allegations of ill temper and abusive conduct fall short of this obligation. General accusations of a nagging disposition, disagreeable conduct toward a relative of the libellant also do not constitute sufficient grounds for granting a divorce.</p>