Karras v. Karras
Karras v. Karras
Opinion of the Court
Opinion by
Tbe parties were married October 1, 1917, and tbe desertion, wbicb is tbe basis of this action of divorce, is said to have occurred October 25,1917. Tbe lower court concurred in tbe recommendation of tbe master that tbe divorce should be refused. Tbe portion of tbe testimony wbicb we quote justifies tbe conclusion wbicb they reached: “Q. Had you ever considered instituting an action for divorce before this lawyer from Boston saw you? A. No. Q. Did you start this action because tbe lawyer asked you to? A. Yes. Q. He said be was your husband’s lawyer? A. Yes. Q. What did be tell you? A. He told me nothing. He came to see if I wanted a divorce or not, and I said, ‘I want a divorce.’ Q. What did be tell you to do? A. He told me to try to get a divorce. Q. What did you do? A. I tried. Q. That day? That-same day? A. Tbe same day. Q. What did you do that day? A. He gave me tbe address of Mr;
Without discussing the meaning of the word collusion, upon which the appellant has furnished an elaborate brief, we feel safe in saying that under present laws, this court should never sanction the granting of a divorce when it appears that the respondent is in fact instituting the action against himself, is selecting the attorney who is to have charge of the case against him, and engages to pay all the expenses, and a fixed sum to the libellant when the divorce is secured. When all these facts are considered, we have no hesitancy in coming to the conclusion that the divorce should be refused. The libel alleges desertion; the respondent in his answer denies it. He thus is playing fast and loose with the court. Having caused the suit to be brought, the successful outcome of which depends upon the proof of his desertion, he declares, under oath, that the desertion never occurred, and the libellant lends her aid to' the scheme and is a beneficiary under it. “The libellant can no more buy the release or default of the respondent, than a defendant in a criminal prosecution can buy off the prosecutor and compound a felony”: Kilborn v. Field, 78 Pa. 194; and by the same token neither can the respondent, who is said to have furnished by his acts the grounds for the divorce, reap the benefit of his own wrong by suing himself and furnishing the instrumentalities required in the conduct of the suit. The courts will not lend their aid to any such contrivance. In Latshaw v. Latshaw, 18 Pa. Superior Ct. 465, where, after a separation and before suit brought, the husband agreed
The assignments are overruled, and the decree affirmed at the cost of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.