Cushing v. Cushing

<p>Divorce. Practice, Civil.</p> <p>A libel for divorce charged in one count desertion and in another adultery. At the trial, the libellee by permission of the court rested his case on the issue of adultery upon the evidence introduced by the libellant, and took the stand as a witness on the issue of desertion. The libellant attempted to cross-examine him on the issue of adultery but was not allowed to do so. Held, that the exclusion was right. The two counts were for separate causes of action, and the election of the libellee to rest on one count upon the evidence introduced by the libellant closed the case on that count. After that, the libellant had no right to put in any evidence on the issue of adultery unless the judge in his discretion allowed it to be reopened. Whether in such a ease the libellee has a right to rest on one count and go into evidence on the other, unless permitted by the judge in his discretion to do so, was not considered, as here the judge permitted it.</p>