RUGH v. RUGH


165 Pa.Super. 238 (1949)

Rugh v. Rugh, Appellant.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

Hackett Mullen, for appellant.

Paul K. McCormick, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)


OPINION BY DITHRICH, J., July 15, 1949:

The libel in this case, sworn to on October 18, 1945, charged the respondent with willful and malicious desertion from May 15, 1940. The libel was sworn to the day following libellant's return home from Indiantown Gap, Pennsylvania, where he was discharged from the Army on October 16. He entered the military service in January, 1943, and was overseas twenty-one months. On March 17, 1945, he wrote respondent from Germany. The...

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