Opinion

Henderson v. Henderson

  • 134 A.2d 581
  • 1957 D.C. App. LEXIS 281
Court
District of Columbia Court of Appeals
Filed
Sep 16, 1957
Status
Published
Author
Rover
On the bench
Hood, Quinn, Rover
Cited by
0 cases
Authority
More cited than 19.3%

The opinion

ROVER, Chief Judge.

This is an appeal from the dismissal of a complaint for absolute divorce. The husband sued his wife for an absolute divorce on the ground of voluntary separation from bed and board for five consecutive years without cohabitation (Code 1951, § 16-403).

The testimony adduced on behalf of the husband supported the allegations of the complaint. At the conclusion of the complainant’s case the court said:

“ * * * I have consistently ruled that this is insufficient evidence to make a case, that there is no corroboration of the plaintiff that there was a voluntary separation. * * *

***** *

“I will dismiss it [the complaint] on the ground it hasn’t been corroborated.”

In view of Schroeder v. Schroeder 1 the court was in error.

Reversed with instructions to grant a new trial.

. D.C.Mun.App., 133 A.2d 470 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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