SMITH v. SMITH


364 Pa. 1 (1950)

Smith, Appellant, v. Smith.

Supreme Court of Pennsylvania.

January 16, 1950.


Attorney(s) appearing for the Case

Philip S. Moyer, with him Joseph P. McKeehan, for appellant.

Robert V. Smith, with him John H. Fertig, David Dunlap, Robert L. Myers, Jr., Robert P. Smith, Fertig & Dunlap, Myers & Myers and Smith, Ristig & Smith, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE DREW, January 16, 1950:

Bernice G. Smith, plaintiff and her husband, Luther B. Smith, defendant, have been litigating their marital difficulties for over three years in the courts of both Florida and Pennsylvania, he seeking a Florida divorce and she attempting in Pennsylvania to enjoin the Florida proceedings. Her bill in equity having been dismissed by the Court of Common Pleas of Cumberland County, Pennsylvania on the ground that defendant...

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