Kress v. Kress

The opinion of the court was delivered by

Case, J.

Mrs. Ruth L. Kress sued her husband, Samuel Kress, for divorce upon the ground that he had committed acts of adultery with two women. The defendant answered with a simple denial of the allegations, and the matter went to trial. At the close of petitioner’s case, November 20, 1947, her counsel announced that he rested subject to the production of a witness who had disobeyed a subpoena. The defense objected to beginning its case until the petitioner’s case was complete, whereupon counsel for petitioner announced that he withdrew the absentee as a…