Ehrhart v. Bear

Citations

• 51 Pa. Super. 39
• 1912 Pa. Super. LEXIS 174

Syllabus

<p>Husband and wife — Criminal conversation — Evidence—Divorce— Conclusiveness of decree — Co-respondent.</p> <p>1. In. an action of crim. con. by a divorced husband, where it appears that the defendant was named in the divorce proceedings as a person with whom the wife had committed adultery, but was not made a party, and appeared simply as a witness, the decree in divorce is not • as against the defendant a conclusive adjudication of the fact of adultery.</p> <p>2. In such a case the husband may testify that the defendant was a frequenter of his house; but he may not testify that he quarreled and remonstrated with his wife about the attention paid her by defendant; nor will he be permitted to testify that the defendant visited his house “in his absence,” without showing the source of his information.</p> <p>3. Under the Act of May 8, 1907, P. L. 184, a divorced wife may, in an action of crim. con. by her husband against the person with whom she was charged in the divorce proceedings with having committed adultery, testify to matters of a confidential nature tending to repel an attack upon her character and conduct; but the act applies only to the wife, and does not permit the husband to testify to matters of a confidential nature occurring before the divorce, although the wife may have testified to such matters on behalf of the defendant. He may, however, deny that he said this or that to his wife in the presence of others, or that a quarrel took place between them, under like circumstances, when such fact had been testified to by the defendant’s witnesses, including the wife.</p> <p>4. In an action of crim. con. the defendant may introduce testimony that the cause of the quarrels between the plaintiff and his divorced wife were immoral relations which the plaintiff maintained with a young girl; but if such testimony is introduced, the plaintiff is entitled to prove in rebuttal by the girl herself, that the charge was untrue.</p>