Legal Opinion

Bowman v. Bowman

Superior Court of Delaware

Decided February 23, 1934No. Divorce, No. 70Published

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The petition does not allege, nor does the testimony disclose, any communication of the disease by the defendant to the plaintiff. The proof, in fact, shows that there was no marital intercourse after the contracting of the disease. I am, therefore, only indirectly concerned with the well established principle that a venereal disease, communicated *85by one spouse to the other, constitutes cruelty. The testimony in this case merely shows the presence of the disease in the defendant.

Counsel for the plaintiff has expressed a desire to re-open the case…

2Cases cited5 opinions

  1. Curtiss v. CurtissMassachusetts Supreme Judicial Court · 1922
  2. Cantor v. CantorSuperior Court of Pennsylvania · 1918
  3. Canfield v. CanfieldMichigan Supreme Court · 1876
  4. Hanna v. HannaCourt of Appeals of Texas · 1893
  5. Lazarwitz v. LazarwitzNew Jersey Court of Chancery · 1928

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