Rothchild v. Rothchild

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The husband appeals and raises three issues.

I

In the wife’s divorce complaint, she averred that she is the lawful wife of the husband, that they were married in 1957 in Jackson, Mississippi, and that, during this marriage six children, who are now adults, were born to the parties. Those allegations of facts were admitted by the husband’s answer. Midway through the trial, the husband sought to elicit evidence from the wife, as well as to testify himself, to the effect that he had never been divorced as to a prior marriage. The…