McFarlin v. McFarlin
McFarlin v. McFarlin
Opinion of the Court
The opinion of. the court was delivered by
The defendant appeals from a judgment against her granting a divorce to the plaintiff on the ground that the defendant was pregnant by another man at the time she married the plaintiff. The defense was condonation.
The plaintiff and the defendant, were married on February 8,1919, and a child was born to the defendant on July 5, 1919. The defendant admitted that the child had been begotten, by another man. An abstract and brief has been filed by the defendant; the plaintiff has filed neither. For want of an abstract and brief by the plaintiff the transcript of the evidence has been used.
Reference
- Full Case Name
- Hosie E. McFarlin v. Donna McFarlin
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Action for Divorce — Defense of Condonation Not Sustained. In an action for divorce the defense was condonation. The evidence was such that the trial court could have found either for or against the. fact of condonation. Held, that the finding of the trial court cannot be set aside, and that the judgment must be affirmed.