Howard v. Howard

Walker, V. C.

This is an ex parte divorce case for adulteiy. Marriage and residence are clearly proved. The master reports that in his opinion “all the material facts charged in the petition relative to the charge of adultery are true, and that a decree for divorce should be made for the cause of adultery.” That the charge of adultery is proved to be true because the defendant has confessed it, I may admit, but his confession, or rather confessions, are insufficient in law to prove the commission of the offence, as will hereafter appear.

The proof of adultery lies in confessions of the…