Johnson v. Johnson

Walker, V. C.

This is an application for a divorce for adultery. The parties were married February 24th, 1904, and the charge is that the defendant committed adultery on May 1st, 1906, with a girl four*509teen or fifteen years of age. The offence was a rape, for which the defendant was apprehended, and on a plea of non wilt, was sentenced to six years in the New Jersey state prison, where he is confined.

For a rape committed by a husband, a wife may have a divorce. In the law of divorce adultery is the voluntary sexual intercourse of a married person with one not the husband or wife of that person.…