Schulze v. Schulze

Citations

• 33 Pa. Super. 325
• 1907 Pa. Super. LEXIS 294

Syllabus

<p>Divorce — Cruel and barbarous treatment — Libel by husband.</p> <p>Whatever directly tends to show a course of treatment which rendered the condition of the husband intolerable and his life burdensome, is admissible in evidence, and in determining whether there was cruel and barbarous treatment within the meaning of the statute, the whole conduct of the wife towards her husband during the period of the alleged ill treatment should be considered.</p> <p>Bad temper alone is not ground for divorce, nor is mere drunkenness, or indolence, or thriftlessness, or willful neglect of household duties. The acts or conduct of the wife towards her husband that will entitle the latter to a divorce for cruel and barbarous treatment, must be not only such as render his condition intolerable or life burdensome, but such as amount to cruel and barbarous treatment. Both of these statutory elements must concur. If by other means, which do not constitute legal cruelty, his condition is rendered intolerable, the statute does not apply.</p> <p>A husband will not be allowed a divorce on the ground of cruel and barbarous treatment by his wife merely because the wife was peevish, fault-finding, ill-tempered, and neglectful of the tidiness of her children and household, occasionally intoxicated, and at times neglectful of the preparation of meals.</p> <p>Divorce — Practice, C. P. — Appeals—Review of evidence.</p> <p>Although the report of an examiner in favor of a divorce is approved by the lower court, this will not relieve the appellate court of the duty of reviewing the testimony, and adjudging whether it sustains the complaint of the libelant.</p>