Koch v. Koch

Citations

• 62 Pa. Super. 607
• 1916 Pa. Super. LEXIS 487

Syllabus

<p>Divorce — A dultery— Gondonation — Evidence.</p> <p>Condonation as a defense in a suit for divorce is a substantive material fact, and is to be established by a reasonable preponderance of credible testimony. The burden of proof is on the respondent.</p> <p>On a libel for divorce by a husband against hi3 wife on the ground of adultery, where the offense is admitted, but condonation is set up as a defense, the findings of a master in favor of the libellant should not be set aside, where it appears that the testimony of the libellant himself squarely contradicted the testimony of the respondent, that the latter was a confirmed morphine eater, with a memory affected by the use of the drug, and the master states that he was convinced from the testimony and appearance of the respondent that she had a morbid mind, and was not to be believed.</p>