Lorenz v. Lorenz

Per Curiam :

Appellant filed her bill against appellee, in the court below, praying for a divorce on the ground of appellee’s impotency. No appearance was entered by appellee, and the cause was submitted' to the chancellor upon oral proofs, who, after hearing the same, decreed that the bill be dismissed.

The burden of proof was on appellant to establish not only that appellee was impotent, as charged, but also that such impotency is incurable. § 332, Bishop on Marriage and Divorce, vol. 1, (5th ed.); Devenbagh v. Devenbagh, 5 Paige, 557.

The only evidence here of appellee’s impotency is his…