190 Pa. 633 | Pa. | 1899
Opinion by
The parties to this litigation are husband and wife. The former seeks to obtain a divorce from the latter on the ground of her alleged adulterous intercourse with a married man who, for the sake of convenience, may be designated herein as the co-respondent. The libellant and respondent were married on December 30, 1875, and lived together peacefully until 1882 or 1883, when the intimacy existing between the libellant’s wife and the co-respondent raised a suspicion of improper intercourse and led to a quarrel between the husband and wife which resulted in her temporary absence from their home. On her return to the home there was some bickering, for awhile, between the husband and wife as a consequence of the inti
We have not yet referred to the correspondence between the accused parties. None of the letters bear the signature of its author. One of them bears date July 30, 1883, and the restare practically without date. The co-respondent did not deny that he wrote the letter of July 30, 1883, but said he had no recollection of writing it, and that he never sent it to the respondent.
In the testimony of Lewis Gruninger', Willielmina Balz and E. W. Shuttelworth, there is abundant corroboration of the-testimony of the libellant in regard to the respondent’s confession to him on September 25, 1895. It plainly appears from their testimony that the respondent admitted the intimacy charged in the libel and appealed to them to persuade the libellant to condone it. A mere denial by the respondent that the confession was made as claimed is not a satisfactory answer to the testimony of the libellant corroborated by the testimony of the witnesses above named.
We have not specified herein all the circumstances and occurrences pertaining to the intimacy existing between the accused parties, but we have carefully examined and considered all the evidence in the case, and our conclusion from it is that it fully sustains the averment irr the third paragraph of the libel and the first averment in the bill of' particulars, and that it does not sustain the averment in the respondent’s supplemental answer. It is presumed that the duty which rests upon the courts in divorce cases was faithfully and fairly discharged in the case before us and, as there is no pretense or color of claim that it was not argued and decided on the evidence in it, we see no sufficient cause for setting aside the decree entered by the learned court below. We therefore dismiss all of the assignments.
Decree affirmed and appeal dismissed at the cost of the appellant.