Phillips v. Phillips

Of the numerous assignments of error brought forward and argued on this appeal, we deem it necessary to discuss only that one relating to the court’s allowing the plaintiff-husband to testify as to matters tending to show that the defendant-wife had committed adultery.

During the trial of this cause, while the plaintiff-husband was being cross-examined by the defendant-wife’s counsel, Mr. Burton, the record discloses that the following occurred:

“Q. When did she leave, if you know?

“A. I believe it was October.

“Q. October what?

“A. I don’t remember but it was October, I am quite sure. I caught…