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2 Pa. D. & C. 86

Fluck v. Fluck

Pennsylvania Court of Common Pleas, Lehigh County · decided 1922-02-20

<p>Divorce — Adultery—Evidence—Declarations of paramour.</p> <p>Voluntary declarations of a paramour, not under oath and not subject to cross-examination, are not sufficient to justify a decree in divorce on the ground of adultery.</p>

Decided 1922-02-20

Geoman, P. J.,

¶1The decree in divorce recommended by the master in this proceeding is largely based on declarations made to the wife in the presence of a witness by an alleged paramour of respondent.

¶2A paramour voluntarily making statements, not under oath nor subject to cross-examination, is not entitled to much credence: Pleckel v. Heckel, 8 Dist. R. 27; such declarations, standing alone, will not justify a decree in divorce: Fairchild v. Fairchild, 1 Kulp, 400. Admissions and confessions, unsupported by other proof or corroborating circumstances, do not justify a decree on the ground of adultery: Quick v. Quick, 6 Kulp, 137.

¶3Now, Feb. 20, 1922, decree in divorce refused.

¶4From James L. Schaadt, Allentown, Pa.

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