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62 Pa. Super. 373

Hamilton v. Hamilton

Superior Court of Pennsylvania

Decided March 1, 1916

Superior Court of Pennsylvania · decided 1916-03-01

Appeal, No. 249, Oct. T., 1915, by plaintiff, from decree of C. P. No. 3, Philadelphia Co., March T., 1912, No. 282, dismissing libel in divorce in case of Claude E. Hamilton v. Georgia Hamilton. Libel for divorce. The case was referred to a master who reported a decree in favor of the libellant.

Affirmed · Decided 1916-03-01

¶1Opinion by

Qrlady, P. J.,

¶2We are in accord with the conclusion reached by Judge Davis, in holding that the libellant’s testimony is entirely too vague to justify a finding that he was a bona fide resident of this State for a whole year prior to the filing of the libel, and having declined to adduce further proof to establish that fact, when he had an opportunity to do so, we assume that he cannot supply the necessary facts to entitle him to a decree.

¶3The decree recommended by the master and formally made by the court is affirmed.

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