NESBERT v. NESBERT


165 Pa.Super. 244 (1949)

Nesbert, Appellant, v. Nesbert.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

Louis Vaira, for appellant.

Harland I. Casteel, with him Campbell, Houck & Thomas, for appellee.

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


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

Libellant has appealed from a decree dismissing her libel in divorce a mensa et thoro. The libel charged constructive desertion, cruel and barbarous treatment, and indignities to the person, but at the trial reliance was placed almost entirely on indignities.

It is well settled that the proof required must be as clearly established in an action a mensa et thoro as in

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