Weedon v. Weedon

Citations

• 34 Pa. Super. 358
• 1907 Pa. Super. LEXIS 139

Syllabus

<p>Divorce — Adultery—Bill of particulars — -Erroneous charge.</p> <p>Where a bill of particulars in divorce charges the respondent, the husband, with having committed adultery on three several dates, and there is evidence only of an act committed on one of the dates, and such evidence is meager, it is reversible error for the court to charge the jury that they could find a verdict for plaintiff if they found that the offense charged was committed on the day mentioned by the witness, “or at any other time.”</p> <p>A bill of particulars is an amplification or more particular specification of the matters set forth in the pleading. While it need not state more than the party furnishing it is bound to prove under the pleading, it must be as specific as the circumstances of the case will allow, and should fairly apprise the opposite party and the court of the nature of the claim or defense made and the nature of the evidence.</p> <p>A libel in divorce grounded on adultery partakes of the nature of a criminal proceeding, and the accused has a right to demand the nature and cause of the accusation against him.</p>