Adkins v. Adkins

Layton, C. J.,

delivering the opinion of the Court:

The burden of proof was upon the petitioner, and all uncertainties of fact must be resolved against him. Keezer, Marriage & Divorce (2d Ed.), § 242. Satisfactory proof of the charge must be made although the defendant is indifferent, or does not defend. Keezer, supra, § 510; Peretti v. Peretti, 165 Cal. 717, 134 P. 322; Johnson v. Johnson, 122 Ark. 276, 182 S. W. 897; Topfer v. Topfer (N. J. Ch.), 68 A. 1071.

However singular it may appear that an innocent woman does not defend against an accusation of adultery, the mere failure to do so is not…