Benfer v. Benfer

District of Columbia Court of Appeals

Benfer v. Benfer

134 A.2d 581, 1957 D.C. App. LEXIS 351

CourtDistrict of Columbia Court of Appeals

DecidedSeptember 16, 1957

DocketNo. 2027

StatusPublished

This text of 134 A.2d 581 (Benfer v. Benfer) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benfer v. Benfer, 134 A.2d 581, 1957 D.C. App. LEXIS 351 (D.C. 1957).

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Opinion

QUINN, Associate Judge.

In this uncontested suit for - an absolute divorce on the ground of desertion, the trial judge held that plaintiff-appellant’s testimony to the effect that his wife left him in 1938 without his consent was not “sufficiently” corroborated, and consequently dismissed the action. For the. reasons set forth in Schroeder v. Schroeder, D.C.Mun. App.1957, 133 A.2d 470, such ruling was erroneous and requires reversal.

Reversed with instructions to grant a new trial.

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QUINN, Associate Judge.

In this uncontested suit for - an absolute divorce on the ground of desertion, the trial judge held that plaintiff-appellant’s testimony to the effect that his wife left him in 1938 without his consent was not “sufficiently” corroborated, and consequently dismissed the action. For the. reasons set forth in Schroeder v. Schroeder, D.C.Mun. App.1957, 133 A.2d 470, such ruling was erroneous and requires reversal.

Reversed with instructions to grant a new trial.

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Bluebook (online)

134 A.2d 581, 1957 D.C. App. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benfer-v-benfer-dc-1957.

Opinion

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