203 P. 584 | Or. | 1922
The statute, Section 510, Or. L., provides:
“In a suit for the dissolution of the marriage contract on account of adultery, the defendant may admit the adultery, and show in bar of the suit, * * that the act has been expressly forgiven, or impliedly so, by the voluntary cohabitation of the parties after knowledge thereof.”
Subdivision 4 of the same section provides that when the suit is brought upon the ground of cruel and inhuman treatment, “the defendant may admit the charge, and show in bar of the suit that the act * * has been expressly forgiven.”
The California statute provides that in cases of divorce upon the ground of cruelty:
“Cohabitation, or passive endurance, or conjugal kindness, shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an.express agreement to condone.”
The defendant having failed to sustain his defense of condonation, and it appearing that plaintiff’s charge of cruel and inhuman treatment is supported by the evidence and admitted by defendant, the decree of the Circuit Court is affirmed. Affirmed.