Smith v. Smith
Ohio Supreme Court
• Divorce. The bill alleges extreme cruelty as the cause of divorce. At last term the parties being in court, leave was given to amend the bill, which was done, and adultery with D. Felix and L. Whitmore at divers times alleged. A witness was called to prove what a witness on a former trial testified who is since dead.
1Opinion of the Court
BY THE COURT.
Unless the witness will undertake to relate-exactly what the other witness testified he need not be sworn. The rule has been frequently recognized by this court.
The witness not being able to do that, ivas not sworn. Witnesses were then called to prove the adultery.
*665BY THE COURT. There has been no service since the amended .Tbill, nor appearance: besides, you have charged the adultery without any place, that is too uncertain to admit the proof.
The defendant’s counsel then appeared and offered to waive the objection.
BY THE COURT. It is not our business to ratify the agreement ■of…
2Cases cited2 opinions
- Cohen v. OttenheimerOregon Supreme Court · 1886
- Miller v. MillerOregon Supreme Court · 1889