LAUTERBACH v. LAUTERBACH


202 Pa.Super. 260 (1963)

Lauterbach, Appellant, v. Lauterbach.

Superior Court of Pennsylvania.

November 13, 1963.


Attorney(s) appearing for the Case

William C. Archbold, Jr., with him Kassab, Cherry, Curran and Archbold, for appellant.

John A. Prodoehl, Jr., with him Rocap & Rocap, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., and WATKINS, J., absent).


OPINION BY FLOOD, J., November 13, 1963:

The plaintiff husband filed a complaint in divorce in Delaware County, on October 23, 1961, which was returned "not found". On July 25, 1962, he filed an order of discontinuance. Between those dates his wife was declared incompetent and a guardian of her estate was appointed. On August 6, 1962, the husband filed a new complaint in the State of Alaska. Thereupon the wife's guardian, on September 24, 1962, filed a rule to vacate...

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