Ferreira v. Ferreira
Ferreira v. Ferreira
Opinion of the Court
Opinion by
The libelant seeks a divorce a. v. m. from his wife on the ground of desertion. The master, who was appointed to take the testimony, after the application for a trial by jury had been withdrawn by the respondent, made a report, in which he recommended a decree of divorce on the ground that the desertion of the wife by the husband had been proved. Upon consideration of the testimony, the court filed an opinion in which it was said: “The libelant has not made out a case of desertion to our satisfaction.
“Considering all the evidence, we are of the opinion that the libelant never lived with his wife, never offered to or never wanted to.”
Later, a final decree was entered: “And now, this 15th day of June 1910, the libel filed in the above entitled cause is dismissed.”
We have read the entire testimony in the case with great care. We are quite in accord with the finding of the master in which he says: “The master finds much trouble in reconciling the testimony of the witnesses upon the ma
Without attempting to reconcile the testimony of the witnesses, or to account for demeanor and manner of testifying, there are certain facts which appear to us to be well settled by the testimony of the libelant himself. His marriage vow was tainted and grossly discredited before it was taken. It was assumed under compulsion. It was never seriously considered. It requires no stretch of the imagination to conclude that it was assumed for the purpose of securing a subsequent release. The libelant evidently had no serious or comprehensive views of the relations which should exist between husband and wife, or father and child, nor did he manifest any adequate appreciation of what a home for father, mother and child should consist; The wife was allowed to remain in the home of a person who acted as midwife for a year or more, during the most of which time she rendered service as a domestic. She was offered a place to stay in the home of the father and mother of the libelant, the house being entirely occupied by their family, with the exception of one spare room, which was to be the home of husband, wife and child. We do not find in the testimony any evidence that an offer was made to the respondent, after the libelant went to Philadelphia, of a home there, nor is there evidence of his having in any way arranged for a home. He had a place as room mate with a companion in a boarding house, but there is no evidence that he had any other place to which to take his wife and child than this boarding house, and none that he had provided what would be, in any sense, a home for his family. Considering the relations which existed between the libelant and respondent before their marriage, it is
We think, therefore, that the conclusion reached by the court below was based upon the evidence and was a fair interpretation thereof. We reach the same conclusion, based almost entirely upon the testimony of the libelant himself. It is clear from his own testimony that he never lived with his wife, and we infer also from his own testimony that he never offered to do so in good faith, and it would also appear, from his failure to provide such a home as their family necessities required, that he had no great desire to do so. These are the grounds upon which the court below, in its final decree, dismissed the libel, and this we are clearly of the opinion was justified by the testimony, considered as a whole.
The assignments of error, although four in number, raise but a single question, namely, the action of the court in refusing to confirm the master's report and dismissing the libel.
The assignments are all overruled.
Decree affirmed and appeal dismissed at the costs of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.