Hunnings v. Hunnings

Citations

• 55 Pa. Super. 261
• 1913 Pa. Super. LEXIS 354

Syllabus

<p>Husband and wife — Desertion by husband — Bill in equity for maintenance — Domicile of wife — Act of May 23,1907, P. L. 227.</p> <p>1. Where a resident of Pennsylvania goes to another state, becomes domiciled there, marries and afterwards deserts his wife, and the wife subsequently comes to the former domicile of her husband in Pennsylvania merely for the purpose of finding her husband, she cannot maintain a bill in equity under the Acts of May 23, 1907, P. L. 227, and April 27, 1909, P. L. 182, for maintenance out of her husband’s estate, unless she shows by her acts and declarations that she had abandoned her domicile in the other state and established a new domicile in Pennsylvania.</p> <p>2. Domicile does not depend on any particular fact, but upon whether all the facts taken together tend to establish the fact of a fixed, certain and permanent residence; a special or temporary purpose is not sufficient.</p>