Presser v. Presser

Kitts, P. J.,

The master in his report has submitted to the court a question for decision, viz: ' ■

Question certified

“In an action of divorce wherein the libellant has satisfactorily proved that the respondent offered indignities to his person making his condition intolerable and his life burdensome and, as an affirmative defense, the respondent offers testimony to prove that the libellant is not an ‘injured and innocent’ spouse, who has the burden of proof? If the evidence is in equilibrium on the issue of the libellant’s ‘innocence’, does the libellant’s case fall or does the respondent’s…