Legal Opinion

Knowles v. Knowles

Superior Court of Delaware

Decided April 2, 1917No. 14PublishedCited by 7 opinions

Action by Jacob C. Knowles against Lulu Knowles for divorce. The competency of the plaintiff to testify was objected to on the ground that he did not believe in a Supreme Being, and did not believe in a future state of rewards and punishments. Evidence heard. Plaintiff allowed to-testify. Counsel for defendant asked that he be allowed to put witnesses on the stand to prove the '• plaintiff’s former declarations of disbelief in a Supreme Being.

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Action by Jacob C. Knowles against Lulu Knowles for divorce. The competency of the plaintiff to testify was objected to on the ground that he did not believe in a Supreme Being, and did not believe in a future state of rewards and punishments. Evidence heard. Plaintiff allowed to-testify. Counsel for defendant asked that he be allowed to put witnesses on the stand to prove the '• plaintiff’s former declarations of disbelief in a Supreme Being. Counsel for plaintiff requested that the latter be interrogated by the court as to his religious belief, in order that the court might be satisfied as…

1Opinion of the Court

CONRAD, J.:

[1] We think that the plaintiff should step aside and defendant should have the opportunity of showing, if she can, that this plaintiff is disqualified as a witness, and he will be given an opportunity to show, if he can, that he is qualified.

Witnesses for the defendant testified that they had heard the plaintiff say that an agnostic was one who did not know, and an infidel was one who did not believe, and that he was an infidel, that he did not want any damned preacher saying' anything over him, but wanted a friend to read at his funeral Ingersoll's oration at the grave of his…

2Cited by7 opinions

  1. Tarr v. TarrSupreme Court of Virginia · 1945
  2. Phillips v. PhillipsSupreme Court of Florida · 1941
  3. Deberry v. DeberryWest Virginia Supreme Court · 1934
  4. Crews v. CrewsSupreme Court of Florida · 1938
  5. Boykin v. United StatesCourt of Appeals for the D.C. Circuit · 1942

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