Evans v. Evans

Citations

• 41 Cal. 103

Syllabus

<p>Evidence in Divorce Oases.—In an action to obtain a divorce, the confessions or admissions of the defendant can be given in evidence.</p> <p>Idem.—The eighth section of the Act of 1S51, concerning divorces, does not prohibit evidence of such admissions from being received in evidence. It only prohibits a divorce from being granted on admissions of the defendant without any other proofs.</p> <p>Prooe oe Adultery.—The act of adultery, like any other fact, may be established by circumstantial proof.</p> <p>Entering House ot Prostitution.—The fact that a married man enters a house of prostitution in the evening and remains all night raises a strong presumption of adulterous intercourse, and casts the burden on the party who does so of showing that he is innocent.</p> <p>By CROCKETT, J., TEMPLE, J., concurring:</p> <p>Corroborating Evidence in Divorce Suit.—If the wife, when plaintiff in an action for a divorce, testifies that she detected the husband in the act of adulterous intercourse, her testimony is sufficiently corroborated, under the second section of the Act concerning divorces, if it appears that the other party to such adulterous intercourse was of a doubtful character for chastity, and that the husband was in the habit of associating with women of bad character, and that this woman had been the only female inmate of his house for a long time.</p>