Vartling v. Vartling

Smith, J.:

The defendant made default. The action is for divorce on the ground of adultery. The order was served by publication. The plaintiff sustained his action by the evidence of two witnesses. One of them swore that he had committed adultery with the defendant, and the other that he had been present at an apartment where adultery had been committed with the defendant. The court refused to render judgment upon that evidence, because of the immorality of the plaintiff’s witnesses. There are two significant facts connected with it. One is that the defendant was living apart from her husband…