Vernon v. Vernon

Citations

• 72 Pa. Super. 91
• 1919 Pa. Super. LEXIS 257

Syllabus

<p>Divorce — Desertion upon evidence — Charge of court.</p> <p>When there is sufficient evidence upon a given point to go to the jury, it is the duty of the judge to submit it calmly and impartially. And if the expression of the opinion on such evidence becomes a matter of duty under the circumstances of the particular case, great care should be exercised that such expression should be given, so as not to mislead, and especially that it should not be one-sided.</p> <p>Divorce — Charge of the court — Revieiu of testimony.</p> <p>It is reversible error for the court in referring to the testimony in an action for divorce to use language, the effect of which, is to minimize and prejudice the defense. If the testimony is not sufficient, it is the duty of the court to end the trial by peremptory instruction, but the presentation of the case must be made with strict impartiality.</p>