Holbrook v. Rodgers

Eberhardt, Judge.

1. In her sworn answer and objection the mother stated that she “was divorced from the father of said child.” At the hearing, the mother testified that she was never divorced from the father of the child because he had a living wife at the time of their supposed marriage.

This “false swearing” is the basis for petitioners’ contention that the court should not have considered any of the mother’s testimony under the admonition of Code § 38-1806, where it is provided in pertinent part that “. . . if a witness shall swear wilfully and knowingly falsely, his testimony shall be…