Lynn v. Lynn

Citations

• 76 Pa. Super. 428
• 1921 Pa. Super. LEXIS 163

Syllabus

<p>Divorce — Jwisdiction—Residence.</p> <p>A libel in divorce which contains an averment of present residence in Philadelphia and continuous residence in Pennsylvania for upwards of eight years previous to the filing of the libel sufficiently alleges jurisdiction in the Court of Common Pleas of Philadelphia County and such facts must he proved.</p> <p>Divorce — Cruel and harharous treatment — Indignities to the person — Evidence—Sufficiency.</p> <p>As. a cause for divorce cruel and barbarous treatment is entirely distinct from indignities to the person. A single act of cruelty may be so severe as to justify a divorce. No single indignity to the person is sufficient. Indignities need not be such as to endanger life and health, it is sufficient if they render the condition of a woman of ordinary sensibility and delicacy of feeling intolerable and her life burdensome.</p> <p>Where the evidence of the libellant is adequately corroborated and the testimony of the respondent is evasive, inconclusive and lacking in frankness the Superior Court will affirm a decree of divorce which is based upon evidence of frequent assaults upon the libellant by the respondent, humiliation of the libellant in the presence of servants, relatives, physicians and others and failure to provide her with ordinary necessities including care in time of illness.</p> <p>Divorce a. mensa et thoro — Alimony — Amount — Income and profits taxes — Antedating payments.</p> <p>Where a party asking alimony has produced specific evidence of the income of the respondent the burden is on the opposing party to produce specific evidence of items urged in reduction. Where the Superior Court has already ordered payment of alimony at a fixed amount “until final decree” the lower court upon entering the final decree has no authority to antedate its order for payment at a higher rate in conflict with the order of the Superior Court and a decree so made will be modified accordingly.</p>