Ingram v. Ingram

Citations

• 58 Pa. Super. 522
• 1914 Pa. Super. LEXIS 343

Syllabus

<p>Divorce—Desertion—Defense by loife—Evidence—Burden of proof—■ Cruel and barbarous treatment.</p> <p>1. Where a husband files a libel against his wife for divorce on the ground of desertion, and the respondent in her answer avers that she was compelled to abandon her husband’s home by reason of his cruel and barbarous treatment and indignities to her person, the burden of proof is upon the wife, and in order to prevail she must establish by the preponderance of the evidence a state of facts that will entitle her to a decree of divorce on the grounds advanced in her answer.</p> <p>2. In such a case the husband will be entitled to a decree where the testimony of the wife merely tends to show that he frequently refused to talk with her; that on one occasion some years before he pointed a revolver at her, although he offered no threat that he would use it; that he would remain away from home until late at night, and sometimes all of the night leaving her a prey to anxiety for his safety and apprehension for her own; but without any proof that he violated his marital obligations, struck her, or made false accusations against her, or used opprobrious language towards her.</p>