Knowles v. Knowles

Citations

• 29 Del. 458
• 6 Boyce 458
• 100 A. 569
• 1917 Del. LEXIS 21

Syllabus

<p>1. Witnesses—Competency—Religious Belief—Evidence.</p> <p>Where the competency of plaintiff in a divorce case was objected to on the ground that he did not believe in a Supreme Being and did not believe in a future state of rewards and punishments, defendant was entitled to show by the testimony of persons, who had heard the declarations of plaintiff respecting his disbeliefs, that he was disqualified as a witness.</p> <p>2. Witnesses—Disqualification—Sufficiency of Evidence.</p> <p>In a husband’s suit for divorce, evidence held not to show a disbelief on the part of plaintiff in a Supreme Being and future state of rewards and punishment which would disqualify him as a witness.</p> <p>3. Divorce—Defenses—Condonation.</p> <p>In a suit for divorce on the ground of adultery, that the party complaining shall have admitted the other into conjugal society or embraces after knowledge of the crime is good defense.</p> <p>4. Divorce—Condonation—Evidence—“Cohabitation.”</p> <p>Condonation or forgiveness of adultery by a husband or wife may be inferred from the fact of husband and wife living together and cohabiting after knowledge of the crime; “cohabitation” being synonymous with sexual intercourse.</p> <p>5. Divorce—Evidence—Sufficiency.</p> <p>In a husband’s suit for divorce on the ground of adultery, evidence held not to sustain the allegations of the petition.</p>