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61 F.2d 1017

Docket No. 5573.

Porter v. Porter

District of Columbia Circuit Court of Appeals

Argued Nov. 7, 1932.

Decided Dec. 12, 1932.

District of Columbia Circuit Court of Appeals · decided 1932-12-12

2 counsel of record

Opinion by (per_curiam) · Decided 1932-12-12

¶1Edwin C. Dutton and Hallock P. Long, both of Washington, D. C., for appellant.

¶2S. MeComas Hawken and Raymond Neu-decker, both of Washington, D. C., for ap-pellee.

¶3Before MARTIN, Chief Justice, and VAN ORSDEL and GRONER, Associate Justices.

¶4PER CURIAM.

¶5The only question for our consideration in this case is whether the evidence was sufficient on which to predicate a decree for absolute divorce.

¶6Appellant was sued for divorce and charged with adultery. Judge Bailey, who heard the case in the court below, decided the evidence was sufficient to establish the commission of the adultery. Hq saw the witnesses, and had full opportunity to observe their demeanor and judge of their veracity. Ordinarily this is enough, unless it appears that the judgment of the trial court is dearly wrong. Notwithstanding the rule, we have been at pains to weigh the evidence. If that on behalf of the plaintiff he taken as ti*ue, it may be coneeded that enough was proved to justify the decree. A careful consideration of it leaves much to be desired, hut, in the circumstances, we cannot, we think, invade the province of the trial judge and substitute our own opinion for his.

¶7Affirmed.

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