Appeal of Powers

Citations

• 120 Pa. 320
• 14 A. 60
• 1888 Pa. LEXIS 487

Syllabus

<p>The libel of a husband for a divorce from his wife, charged (a) wilful and malicious desertion, and (b), that the respondent had “offered such indignities to the person of your petitioner as to render his condition intolerable and his life burdensome, and thereby forced him to withdraw from his home and family.” On an appeal from decrees refusing temporary alimony and counsel fees to the wife, and granting to the husband a divorce, Held:</p> <p>1. That, as the wife had not left her home but had continued to reside in it until the date of the decree, desertion on her part was not established.</p> <p>2. That no statute authorized a divorce at the suit of the husband for “such indignities to his person as to render his condition intolerable and life burdensome.”</p> <p>3. That an amendment averring cruel and barbarous treatment by the wife rendering the condition of tiie husband intolerable and life burdensome, would make a change in the cause of action, and, therefore, would not be allowed in this court.</p> <p>4. That, the evidencie showing the libellaut to be the owner of lauda, farms, mills and houses, and engaged in business, it was a palpable abuse of discretion to refuse the respondent alimony pendente lile and counsel fees.</p> <p>5. Wherefore, the libel was dismissed at the costs of the libellant and an order made for the payment by the libellant of $500 for counsel fees and expenses, to be enforced by the court below.</p>