FITZHERBERT v. FITZHERBERT

No. 565.

63 Pa. D. & C. 2d 366 (1974)

Fitzherbert v. Fitzherbert

Common Pleas Court of Fayette County, Pennsylvania.

February 1, 1974.


Attorney(s) appearing for the Case

William J. Franks, for plaintiff.


FEIGUS, J., February 1, 1974.

The record in this divorce action indicates that defendant was incarcerated in a State correctional institution at the time of the master's hearing, and that although the master duly served him with a notice of hearing, he did not apprise him of his right to seasonably apply for a writ of habeas corpus ad testificandum, so as to enable him to appear in person at the hearing, if he so desired. In the case of a prisoner defendant, the master...

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