Stokes v. Stokes

This is an appeal from a decree granting the appellee a divorce, for personal indignities. When the plaintiff rested her case the defendant filed a demurrer to the evidence, which the court overruled. Stokes elected to stand on his demurrer and introduced no proof. He now contends that the plaintiff’s testimony does not establish her ground for divorce and that it is not sufficiently corroborated.

In passing upon a demurrer to the evidence the chancellor must give the plaintiff’s proof its strongest probative force and should sustain the demurrer only when the testimony would require a…