Suesemilch v. Suesemilch

The only question presented in this case is whether in a proceeding for divorce, where the defendant fails to appear and the bill is taken as confessed, a divorce can be had upon the testimony of only one witness, examined in open court, and the deposition of one other witness.

The statute of this State provides that “ if the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court.” Prior to the revision of the act concerning divorces made in 1874, the statute was, “ If the bill or petition shall be taken for confessed, the court may…