Summary
In Corder v. Corder (N.J. Ch.), 59 A. 309, the court of chancery of New Jersey says: "The original separation of the husband and wife in this case and the circumstances of it are proved only by the oath of the petitioner.
Summary of this case from Kenniston v. KennistonOpinion
11-25-1904
CORDER v. CORDER.
Lewis, Besson & Stevens, for petitioner.
Petition for divorce by Annie Corder against Herman Corder. Heard on exceptions to the master's report that the petition be dismissed. Dismissed.
Lewis, Besson & Stevens, for petitioner.
EMERY, V. C. The original separation of the husband and wife in this case, and the circumstances of it, are proved only by the oath of the petitioner. The corroboration of petitioner as to the fact that subsequent to the separation the wife lived alone is not a sufficient corroboration of the desertion charged. It proves the continuance of a separation, but not that the original separation was a desertion. The rule that no divorce can be granted on the uncorroborated evidence of the party seeking it is settled and inflexible. McShane v. McShane, 45 N. J. Eq. 341, 19 Atl. 465.
The exceptions to the master's report must be overruled, and the report confirmed, and the petition dismissed.