Illustrative Cases on the Law of Domestic Relations

Illustrative Cases on the Law of Domestic Relations

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...judgment in this case, for the reason thus urged by counsel. The complaint, as we have seen, charged adultery, and that offense was fully proved. Whatever the reason, therefore, why appellant was in the state prison, or whether he was rightfully convicted of an infamous crime, can make no difference here. Suflicient other statutory cause for divorce was alleged in the complaint, and proved on the trial. Counsel finally contends that the evidence shows condonation by the appellee of the acts of adultery charged and proved against appellant. We have carefully read the evidence on this point, and are of opinion that there is evidence suflicient to support the finding of the court that there was no condonation. "Condonation," as quoted by counsel from Campbell v. Campbell, 3 Jur. (N. S.) 846, "is connubial intercourse, with full knowledge of all the facts." While appellee undoubtedly had some knowledge of her husband's oifcnse before she separated from him, yet she did not have full knowledge of all the facts. She says: "It was only hearsay. I didn't know it to be the truth, for I didn't think it of him." That she retained confidence in her husband, and refused to condemn him on the first report of his guilt. ought not to be treasured up against her. she says: "I didn't know it. I didn't think it of him." That she became convinced the next day. and had him at once arrested, rather corroborates her than otherwise. "Condonation," says Mr. Bishop, "ls not so easily inferred, and is not so strict a bar against the wife as against the husband. She has not the same control over her husband that he has over her. She may find a difiiculty in separating herself from him. She more

Product details

  • Paperback | 156 pages
  • 189 x 246 x 8mm | 290g
  • United States
  • English
  • black & white illustrations
  • 1236784340
  • 9781236784346