BENNY v. BENNY


167 Pa.Super. 227 (1950)

Benny, Appellant, v. Benny.

Superior Court of Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Elmer J. Harris, with him Henry Greenwald, for appellant.

Gerald G. Dolphin, with him Maurice S. Cantor, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.


OPINION BY ROSS, J., July 20, 1950:

In this divorce action, the master recommended that a divorce be granted on the ground of indignities. Exceptions to his report were sustained by the court below, the libel dismissed and the libellant husband took this appeal.

The libellant has the burden of proving by the preponderance of the evidence (Dash v. Dash, 357 Pa. 125, 53 A.2d 89) that the respondent by a course of conduct rendered his condition intolerable...

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