Meininger v. Meininger

Henderson, J., delivered the opinion of the Court. From a decree of divorce a vinculo granted to the husband on the ground of adultery, the wife appeals. The significant episode upon which the chancellor based his finding occurred while the husband was absent on a trip to Maine, in October, 1950. The husband’s mother testified that she went to her son’s home unexpectedly about ten o’clock in the morning and found the wife dressed in a petticoat and intoxicated.

An unknown man was asleep in her bed. Raymond Clark came in with a bottle of wine he had gone out to purchase. The kitchen table was covered with liquor stains ⁴³⁴ and in great disorder. It was admitted that Clark and the other man, known to Clark only as “Calvin” and. not previously known to the appellant, had come to the apartment about two in the morning and had spent the night.

Clark had known the Meiningers for many years and had been a frequent visitor in their home. He lived only a block away. The wife testified that she let them sleep in the basement and denied that any of them had drinks. Clark on the stand admitted having “a few beers”.

He says he slept in the basement and denied having had intercourse with , the appellant. It was shown that he had admitted intercourse with the appellant in a statement given to the husband’s lawyer before the trial. He testified he was drunk when he gave the statement. There was no direct evidence of the wife’s intimacy with Clark on this or other occasions, but there was abundant testimony of her addiction to drink, and testimony of improper