Opinion
01-29-1916
DRAKE v. DRAKE.
George W. V. Moy, of Plainfleld, for appellant. Robert N. Crane, of Plainfleld, for respondent.
Suit by Charles E. Drake against Elizabeth Drake. Decree advised for petitioner.
Affirmed by Court of Errors and Appeals, 100 Atl. 1070.
George W. V. Moy, of Plainfleld, for appellant. Robert N. Crane, of Plainfleld, for respondent.
MAGIE, Advisory Master. Notwithstanding the denials of the defendant and Bellott, the evidence satisfies me that she is guilty as charged by the petitioner.
This conclusion would ordinarily result in advising the decree nisi in favor of the petitioner, but, under the provision of section 28 of the Divorce Law, such a decree cannot be advised if the charges made by the defendant in her cross-petition are sustained by sufficient evidence. The evidence on that subject is, in my judgment, not satisfactory. It is encountered by the denials by petitioner of the charge. I would be unwilling to advise a decree thereon.
The result of all is that petitioner is entitled to a decree nisi, and I will so advise.