A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
By an act of March 9, 1855 (_Pub. Laws_, 68; PEPPER AND LEWIS,
_Digest_, I, 1636), the courts of common pleas are given
jurisdiction in all cases of divorce "from the bonds of matrimony
for the cause of personal abuse, or for such conduct on the part
of either the husband or the wife as to render the condition of
the other party intolerable and life burdensome, notwithstanding
the parties were at the time of the occurring of said causes
domiciled in another state;" but the applicant must be a citizen
and have been a resident of the state for one year. This act,
according to judicial interpretation, does not establish new
causes for divorce, but only enlarges the jurisdiction of
the court in reference to the parties under causes already
recognized: Schlichter _v._ Schlichter, 10 _Phila. Reports_, 11
(1873). Cruel and barbarous treatment must be alleged in the
libel: Pennington _v._ Pennington, _ibid._, 22.
[396] _Laws of Pa._ (1903), 19; repealing the act of June 1,
1891: _ibid._ (1891), 142.
On the other hand, the century has produced but one change in the
special grounds of partial divorce. Petitions for separation from
bed and board are still allowed only in favor of the wife. The four
causes sanctioned in 1785, re-enacted in 1815 and 1817, are yet in
force;[397] while, since 1862, adultery on the part of the husband
is admitted as a fifth ground of complaint.[398]
[397] PEPPER AND LEWIS, _Digest_ (1896), I, 1687. _Cf._ the act
of March 13, 1815: _Laws of the Com._ (1822), VI, 286; and _Laws_
(1817), 405.
[398] _Laws_ (1862), 430; PEPPER AND LEWIS, _Digest_, I, 1637,
1638.
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