Simons v. Simons

Appeal by the defendant from that part of the judgment in this action which dismissed defendant’s counterclaim for an absolute divorce upon the ground of adultery.

The alleged corespondent, a self-confessed murderer, testified to acts of intimacy with the plaintiff. The latter denied commission of such acts. The trial court declined to submit the issue of adultery to the jury, apparently on the theory that the testimony of the corespondent was not corroborated, and such was the fact. We can well understand the reluctance on the part of the trial court to submit such an issue to a jury upon the…