Hutchinson v. Hutchinson

This is an action for an absolute divorce in which the plaintiff has failed to prove any carnal act, but relies upon circumstantial evidence and situations which she claims necessitates the conclusion of adulterous conduct on the part of the defendant. From the necessities of proof in actions for divorce the court must usually deduce from circumstantial evidence the fact of wrongful conduct on the part of the guilty party, and in considering the evidence the court must inquire whether opportunity for wrongdoing and, inclination toward wrongdoing have been sufficiently proved. The elements of…