Jackson v. Jackson

Citations

• 49 Pa. Super. 18
• 1912 Pa. Super. LEXIS 277

Syllabus

<p>Divorce — Adultery—Jury trial — Recrimination—Amendment—Pleading.</p> <p>1. On a jury trial in a suit for divorce where the only issue framed is as to the adultery of the respondent, and recrimination is not set up in the answer, the trial judge commits no error in refusing to admit evidence of the libelant’s adultery, and is guilty of no abuse of discretion, after the libelant has made out a prima facie case and closed, in refusing to permit an amendment to the answer by the addition of an averment of recrimination.</p> <p>2. Recrimination is a substantive defense to an action in divorce for adultery, and the burden is on the respondent in such case to allege as well as to prove it.</p> <p>3. The introduction by amendment of recrimination in a divorce case during the trial is not the correction of a mere informality, but the introduction of a new and substantial issue. The allowance or denial of such an amendment is therefore not within the statute of amendment, but is governed by the discretion of the trial judge.</p> <p>Appeals — Assignments of error — Failure to accept — Points for charge— More than one subject.</p> <p>4. An assigment of error to a ruling refusing an amendment cannot be sustained where the record does not show that the ruling was excepted to.</p> <p>5. Assignments of error to answers to points are insufficient if they do not include in them the ruling of thé court and the exception thereto.</p> <p>6. An assignment of error which contains more than one point or subject is bad.</p> <p>7. An assignment of error to the decree of the court below is bad if it does not quote the decree.</p> <p>Divorce — Verdict—Effect of verdict — Equity.</p> <p>8. A verdict of the jury in a divorce case cannot be set aside by the trial judge in the way that a verdict in an equity suit may be set aside by the chancellor. It is not intended to inform the conscience of the court, but has the same binding force as a verdict in a common-law action.</p>