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HORTON v. HORTON

170 Pa.Super. 209 (1952)

Horton v. Horton, Appellant.

Superior Court of Pennsylvania.

January 17, 1952.

Attorney(s) appearing for the Case

Harold S. Hampson, for appellant, submitted a brief.

G. Henry Nicholson, for appellee, submitted a brief.

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

OPINION BY RENO, J., January 17, 1952:

Plaintiff was granted a divorce on the ground of indignities. The wife's appeal questions whether he was the "injured and innocent spouse" within the meaning of The Divorce Law of May 2, 1929, P.L. 1237, § 10, 23 P.S. § 10. The answer turns upon the credibility of the parties and their witnesses. The case was heard by a judge without a jury, and the trial judge found defendant's testimony incredible and unworthy of...

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