Wilson v. Wilson

Decided October 15, 1832

Divorce. Causes — 1. Wilful absence. 2. Adultery with Catharine Rogers. The petitioner relied upon the charge of adultery, and to prove it, offered a record of the conviction of the defendant of having married one Catharine Rogers in Pennsylvania since his marriage with the petitioner, and proof of the identity of the person.

Decided 1832-10-15

BY THE COURT.

¶1That does not make out the adultery. The crime of adultery would be incomplete, without carnal connection.

¶2 *130We may presume a connection, and it is probable one took place; but we have no proof of it.

¶3Leave was given to amend the petition, and upon application of the ¡>etitioner, the defendant was enjoined from interfering with the custody of the children, or the property in possession of the petitioner, until the final hearing of the case; and the cause was continued.