Elsesser v. Elsesser

Citations

• 80 Pa. Super. 117
• 1922 Pa. Super. LEXIS 29

Syllabus

<p>Divorce — Trial by jury — Verdict for appellant — Final decree by court — Necessity—Appeal without final decree — Appeal quashed.</p> <p>Where, in an action in divorce a jury trial is demanded and a verdict is rendered in favor of the libellant, the verdict of the jury determines the question of the fact involved in the issue submitted, but it is not the end of the proceeding. With the facts involved in the issue established, the court must still determine the cause “as to law and justice shall appertain, by either dismissing the petition or libel, or sentencing and decreeing a divorce and separation from the nuptial ties or bonds of matrimony, or that the marriage is null and void,” as provided by the statute.</p> <p>The discharge of this duty by the court necessarily involves the consideration of the evidence as to the marriage of the parties, the residence of the libellant within the Commonwealth for the period necessary to give jurisdiction, whether there has been collusion and all other material facts. It is only after the entry of “the final sentence or decree” that an appeal lies.</p> <p>An appeal, taken on the verdict of the jury without the final sentence or decree by the court, is premature and will be quashed.</p>