Patrick v. Patrick
Superior Court of Delaware
Action for divorce by Lafayette David Patrick against Fleta E. Patrick. Answer to the charge of adultery filed by defendant. On motion to withdraw answer, in order to make objections to the petition. Motion allowed.
Read the full summary
Action for divorce by Lafayette David Patrick against Fleta E. Patrick. Answer to the charge of adultery filed by defendant. On motion to withdraw answer, in order to make objections to the petition. Motion allowed. The petition filed charged the defendant with specific acts of adultery with one T., at No. 427 East Third Street, in the City of Wilmington, County of New Castle and State of Delaware, at divers times during the months of June, July and August, 1917; also other acts of adultery with divers other men at times and places unknown to the petitioner. Early in the term, to which the…
1Opinion of the Court
Per Curam:
We think; that petitions in divorce proceedings, and answers when necessary, are the pleadings in those cases, and we see no reason why the court should not, in its discretion, allow an answer to be withdrawn and other action taken. Of course, if it were apparent that this course was being pursued for the purpose of delaying the hearing of the case, that would be a matter for the court to pass upon, but that question is not raised in this case.
We think we should allow the answer to be withdrawn at this time.
2Cited by4 opinions
- State v. AdairNew York Court of General Session of the Peace · 1922
- Elbert v. Wilmington TurngemeindeSupreme Court of Delaware · 1919
- Atkinson v. North American Smelting Co.Superior Court of Delaware · 1968
- Grandillo v. Pennsylvania RailroadSuperior Court of Delaware · 1932