Cook v. Cook
Supreme Court of Georgia
Divorce. Witness. Charge of Court. New trial. Immaterial error. Before Judge Johnson. Talbot Superior Court. March Term, 1872. James Cook filed his libel for divorce against his wife, Martha J. Cook. The respondent made no defense. The libellant and his brother, John Cook, were introduced and proved adultery upon the part of respondent, and an immediate separation thereupon between the parties.
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Divorce. Witness. Charge of Court. New trial. Immaterial error. Before Judge Johnson. Talbot Superior Court. March Term, 1872. James Cook filed his libel for divorce against his wife, Martha J. Cook. The respondent made no defense. The libellant and his brother, John Cook, were introduced and proved adultery upon the part of respondent, and an immediate separation thereupon between the parties. The Court charged the jury, “that the law authorized them to decree a divorce in cases of adultery on the part of the wife; but that if the libellant abandoned his wife without sufficient cause, and by…
1Opinion of the Court
Warner, Chief Justice.
The complainant filed a libel against the defendant for a divorce. On the trial, the jury found a verdict for the defendant. The complainant made a motion for a new trial, on the ground of error in the charge of the Court, and because the verdict was contrary to law and the evidence, which was overruled by the Court and the complainant excepted. The evidence in the record, if the jury believed the two witnesses, (the complainant and his brother,) made out a pretty clear case of adultery on the part of the defendant. The complainant, however, was. an incompetent witness…
2Cited by6 opinions
- Bishop v. BishopSupreme Court of Georgia · 1905
- Peacon v. PeaconSupreme Court of Georgia · 1944
- Arnold v. ArnoldSupreme Court of Georgia · 1913
- Anderson v. AndersonSupreme Court of Georgia · 1913
- Thomas v. StateSupreme Court of Georgia · 1902
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