This is an action for Divorce upon the ground of
adultery. Default was taken against Defendant upon his failure to answer the
summons issued by this court. References was made to the Court Commissioner to
take testimony. Upon the Report coming in this matter was submitted to the
Court for decisions upon the testimony taken. The evidence of the wife
shows that the defendant made admissions to her of the adultery and intercourse
as charged, and his further admissions of thence to two other witnesses. In
Baker v Baker 13 Cal p. 88 and authorities there cited, the law as to
admissions of Defendant in Divorce proceedings as laid down by our codes is
carefully considered. It is a rule of Public policy not to grant a divorce on
admissions alone there must be other corroborating proof or corroborating
circumstances. The object of this rule is to guard against collusion and is an
affirmance of the Common Laws. I have examined and reviewed the evidence in
search of such and am unable to find any compliant evidence tending to
corroborate the submissions in this case. The application for divorce is
denied judgment will be entered for Defendant.
S.K. Dougherty Superior Judge Dated Nov 4th
1889. |