Canning v. Canning

The complainant below, Paul Maynard Canning, has appealed from a decree of the Circuit Judge sustaining defendant’s motion to withdraw the issues from the jury and dismissing complainant’s suit for divorce on the grounds that the complainant’s own testimony showed that at the time of the trial and many years prior thereto the complainant had been living as *680man and wife with, a woman other than the defendant and was therefore gnilty of adnltery. The defendant wife, Ernestine Page Canning, rested her case after moving to withdraw the issues from the jury and did not testify nor did she offer…