COM. ex rel. RUBIN v. RUBIN


201 Pa.Super. 517 (1963)

Commonwealth ex rel. Rubin v. Rubin, Appellant.

Superior Court of Pennsylvania.

September 12, 1963.


Attorney(s) appearing for the Case

Alan Boroff, with him Morris Gerber, and Wisler, Pearlstine, Talone & Gerber, for appellant.

Lawrence A. Brown, with him Duffy, McTighe & McElhone, for appellee.

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


OPINION BY ERVIN, J., September 12, 1963:

The single question involved in this appeal is whether the parties, who were once married, entered into a valid common law remarriage after their divorce.

On April 13, 1953 Israel Rubin and Marie Rubin were married in a ceremony before a Philadelphia magistrate. The parties lived together from that time until January 1962. On October 28, 1957, in a suit instituted...

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