Hill v. Hill
Hill v. Hill
Opinion of the Court
Opinion by
By stipulation of counsel it was agreed that the only subject to be considered on this appeal is that of the jurisdiction of the court below as affected by a decree between the same parties in the State of Michigan. The evidence shows that the plaintiff instituted an action for divorce from bed and board in Michigan and on the 5th of July, 1901, obtained a decree which embraced an allowance of alimony which was modified February 21, 1902, by an arrangement between the parties so that a fixed amount was paid into court instead of the monthly payments mentioned in the original decree the same to be a trust fund under the direction and control of the court for the period of fourteen years from the date of the original decree. The plaintiff soon afterward returned to Bradford County, Penna., where she and her husband had formerly lived and at a later date the latter also returned there. In 1908 they became reconciled, resumed the relation of husband and wife and established a home where they continued to live for a period of three years or more during which time a child was born to them. That the reconciliation took place was shown both by the maintenance of their home and the birth of their child and by the defendant’s declaration contained in his reply to the answer of the plaintiff made in a divorce proceeding between them at No. 297, May Term, 1912, in the Court of Common Pleas of Bradford County, in which case George R. Hill was the complain
The decree is affirmed at the cost of the appellant.
Reference
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- Syllabus
- Divorce — Divorce a mensa et thoro — Conflict of laws — Reconciliation. A decree of divorce from bed and board entered in another state with alimony to the wife, will not bar a subsequent suit for divorce brought by the wife in Pennsylvania, where it appears that after the decree was entered in the other state, the parties were recon-oiled, established a home together in Pennsylvania, but subsequently separated. A decree of divorce from bed and board does not dissolve the relation of husband and wife; it merely suspends some of the obligations arising out of the marriage relation. If there is a subsequent reconciliation, alimony ceases, and a new divorce is necessary to support the wife’s claim of alimony.