Wagner v. Wagner

The opinion of the court was delivered by

Heher, J.

There was a nisi decree of divorce for adultery in favor of the husband ; and the wife appeals. The wife’s counter-claim for divorce on the ground of desertion was abandoned at the hearing. The question for decision is whether the evidence establishes the charge of adultery; and we find that it does not.

The pertinent proof, in summary, is that on November 30th, 1945, at about 10:30 3?. m., the defendant and the co-respondent rode away from an inn and restaurant where they were both employed in the co-respondent’s automobile, a Ford coach, to a…