Sharp v. Sharp

Citations

• 65 Pa. Super. 181
• 1916 Pa. Super. LEXIS 40

Syllabus

<p>Divorce — Desertion — Evidence— Correspondence — Res adjudicada.</p> <p>Where a wife institutes proceedings in divorce against her husband on the ground of adultery, and a jury return a verdict in favor of the husband, the correspondence between the counsel of the respective parties relating to the adultery of the husband is not admissible at the trial of an issue in a subsequent divorce proceeding instituted by the husband against his wife for desertion.</p> <p>Divorce — Desertion by wife — Offer to furnish home.</p> <p>Where a wife separates from her husband, and ten months thereafter the husband makes overtures for a renewal of the marital relations, which overtures are refused, and twelve years thereafter the husband files a libel for divorce in desertion, a judgment on a verdict for the husband will be sustained, where it appears that the husband was a practicing physician; that he leased for a term of years a three-story brick house occupied by a physician who had recently died; that he proposed to occupy exclusively for his family the first and second floors of the house and rent the third floor; that he offered the two floors as a home to the libellant; that the wife objected to the neighborhood, insisting on having a separate building for the sole occupancy of the family; and that she persisted in refusing to return, although her husband made repeated requests to her to do so.</p>