Hendrix v. Hendrix

SIMPSON, Justice.

The appeal is from a divorce decree grounded on adultery.

The decisive question is whether or not depositions of the plaintiff’s witnesses taken before the institution of the suit can be used to sustain the decree. With such depositions in, the decree was well sustained, but otherwise the case was not proven.

The defendant appeared in person and by answer denied the material allegations of the bill as soon as it was filed. She also signed a waiver of the appointment of a commisisoner to take the testimony in the cause, and notice of the time and place of such taking, and in the…