Heath v. Heath

Citations

• 44 Pa. Super. 118
• 1910 Pa. Super. LEXIS 139

Syllabus

<p>Divorce — Indignities to the person — Evidence.</p> <p>1. A divorce will not be granted to a wife on the ground of indignities to her person where the only evidence on the subject is that given by one witness, whose testimony shows that what she said was from hearsay, and largely from statements made to her by the libelant herself.</p> <p>Divorce — Residence—Jurisdiction—Act of March IS, 1816, 6 Sm. L. m.</p> <p>2. The intention of the Act of March 13, 1815, 6 Sm. L. 286, was that the libelant must reside in the state at the time the libel was presented, and must have so resided for at least one whole year immediately before such filing.</p> <p>3. Where a libelant in divorce comes into this state and files her libel, averring that she is a citizen of Pennsylvania, the burden is upon her to show that her place of residence was within the commonwealth at the time she filed her libel and during the entire year immediately preceding. Proof that she had lived within the commonwealth for a period of eight years is insufficient, if it is not shown that the eight years included the year immediately preceding the filing of the libel.</p>