Culp's Appeal

Decided April 18, 1882

Supreme Court of Pennsylvania · decided 1882-04-18

3, of Philadelphia County. No. 233, January Term, 1882. The libel was as follows : The petition of Austin Culp, of the County of Philadelphia, respectfully showeth : That on the 14th day of March, A. D. 1881, your petitioner was, by a summary finding on a charge of desertion in the Court of Quarter Sessions of Montgomery County, in the State of Pennsylvania, by the Hon. Henry P. Ross, Judge, declared to have been married to one, Lizzie Ottinger, now calling herself Culp, on…

Decided 1882-04-18

¶1The Supreme Court affirmed the decree of the Common Pleas on April 18, 1882, in the following opinion:

Per Curiam

¶2There is no act of assembly upon which the libel can be maintained. The libellant does not allege a marriage by force or fraud, but denies any marriage at all, and asks to divorced on that ground. It seems that the respondent has obtained a decree against him in Montgomery County for desertion, and the libellant alleges that the decree was obtained by fraud and perjury on the part of the respondent. We think clearly that the case is not within the Act of May 8, 1854, P. Laws 644.

¶3Decree affirmed and appeal dismissed at the costs of the appellant.