Henderson v. Henderson

District of Columbia Court of Appeals

Henderson v. Henderson

134 A.2d 581, 1957 D.C. App. LEXIS 281

CourtDistrict of Columbia Court of Appeals

DecidedSeptember 16, 1957

DocketNo. 2048

StatusPublished

This text of 134 A.2d 581 (Henderson v. Henderson) 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

Henderson v. Henderson, 134 A.2d 581, 1957 D.C. App. LEXIS 281 (D.C. 1957).

Pincite

Opinion

ROVER, Chief Judge.

This is an appeal from the dismissal of a complaint for absolute divorce. The husband sued his wife for an absolute divorce on the ground of voluntary separation from bed and board for five consecutive years without cohabitation (Code 1951, § 16-403).

The testimony adduced on behalf of the husband supported the allegations of the complaint. At the conclusion of the complainant’s case the court said:

“ * * * I have consistently ruled that this is insufficient evidence to make a case, that there is no corroboration of the plaintiff that there was a voluntary separation. * * *

***** *

“I will dismiss it [the complaint] on the ground it hasn’t been corroborated.”

In view of Schroeder v. Schroeder¹ the court was in error.

Reversed with instructions to grant a new trial.

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