District of Columbia Court of Appeals, 1957

Benfer v. Benfer

Benfer v. Benfer
District of Columbia Court of Appeals · Decided September 16, 1957 · Hood, Quinn, Rover
134 A.2d 581; 1957 D.C. App. LEXIS 351 (Atlantic Reporter, Second Series)

Benfer v. Benfer

Opinion of the Court

QUINN, Associate Judge.

In this uncontested suit for - an absolute divorce on the ground of desertion, the trial judge held that plaintiff-appellant’s testimony to the effect that his wife left him in 1938 without his consent was not “sufficiently” corroborated, and consequently dismissed the action. For the. reasons set forth in Schroeder v. Schroeder, D.C.Mun. App.1957, 133 A.2d 470, such ruling was erroneous and requires reversal.

Reversed with instructions to grant a new trial.

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