Zearfoss v. Zearfoss

This is a suit for divorce for the husband on the ground of the alleged adultery of the wife. The petition charges the wife with committing adultery during the months of March, April, May and June, 1932, "with a man whose name is unknown to the petitioner, but who is described as follows," c. Annexed to the petition is the affidavit of petitioner that the matters and things alleged in the petition are true — as required by chancery rule 256a.

At the hearing it appeared by the petitioner's own positive and unequivocal testimony that he had in fact known, on the night of the commission of one of…