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158 Pa. Super. 378

45 A.2d 231

Fuller v. Fuller

Superior Court of Pennsylvania

Decided November 20, 1945

Superior Court of Pennsylvania · decided 1945-11-20

Relies on 153 Pa. Super. 133 - Bates v. Bates · 108 Pa. Super. 80 - MacDonald v. MacDonald · 156 Pa. Super. 196 - Barnes v. Barnes

Good law ✅— No negative treatment on recordhow we know

Decided 1945-11-20

How this case has been cited

Cited by 6 later decisions — most recently December 1978

6 state decisions

301945195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1 The husband filed a libel in divorce charging indignities to the person and desertion. The master, appointed by the court, recommended that the libel be dismissed as the evidence failed to support the charges. The court below sustained exceptions to the master’s report and granted a divorce on the grounds of indignities and desertion. The case is here upon respondent’s appeal.

¶2 The parties were married on June 5, 1909. Apparently they lived together normally and harmoniously until 1939 when their daughter Virginia and her husband, William F. Rommell, came to live with them. The presence in the household of Rommell, with whom it is alleged the respondent became infatuated, was the chief source of the domestic trouble.

¶3 We will not attempt to detail the conduct of the respondent and Rommell until the libellant left their home December 28, 1941, as that would not serve any good purpose. It is sufficient to state that after a careful review of the record, we are unable to give full credence to the testimony of the respondent and her witnesses. We have concluded, as did the court below, that the li-bellant established by convincing evidence that the respondent offered such indignities to his person as to entitle him to a divorce, and that he, after trying unsuccessfully to correct his wife’s conduct, was warranted in leaving their home and her unjustifiable refusal to follow him to a new home constituted a legal desertion. It is the duty of a husband to provide a home according to his means, and his choice is controlling if exercised in good faith, and it is incumbent upon a wife in such *380 circumstances to abide by Ms selection and live with Mm: Caldwell v. Caldwell, 70 Pa. Superior Ct. 332; MacDonald v. MacDonald, 108 Pa. Superior Ct. 80, 164 A. 830; Detz v. Detz, 145 Pa. Superior Ct. 136, 21 A. 2d 424; Bates v. Bates, 153 Pa. Superior Ct. 133, 33 A. 2d 281; Barnes v. Barnes, 156 Pa. Superior Ct. 196, 40 A. 2d 108.

¶4 The decree of the lower court is affirmed.

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