Zink v. Zink

Henderson, J.,

filed the following dissenting opinion.

I do not agree with the decision in this case, either on the law or the facts, and think it may be worthwhile to state my views. The opinion discards the testimony of the niece as to statements made by the wife out of the husband’s presence as being without probative force, although it came in without objection, on the ground that it was hearsay. This seems *204to me to be contrary to the accepted rule that evidence admitted without objection is legally acceptable. Cf. Weil v. Free State Oil Co. of Md., 200 Md. 62, 70, and Sentman v. Gamble, 69…