Powell v. Powell

• Decision Date: 14 May 1945
• Docket Number: 35853.
• Citation: 22 So.2d 160,198 Miss. 301
• Court: Mississippi Supreme Court
• Parties: POWELL v. POWELL.

22 So.2d 160

198 Miss. 301

POWELL v. POWELL.

No. 35853.

Supreme Court of Mississippi

May 14, 1945

G. W. Hosey, of Laurel, for appellant.

A S. Scott, of Laurel, for appellee.

McGEHEE, Justice.

This appeal is from a decree which denied the husband a divorce from his wife on a charge of adultery. The appellant assigns two grounds for a reversal of the case: (1) that the trial court was in error in holding that the proof was insufficient to sustain the charge; and (2) that it was error not to permit their son, who was more than fifteen and one-half years of age, to testify as a witness on behalf of the appellant in regard to certain facts and circumstances strongly tending to establish the charge complained of, when taken and considered in connection with the other testimony.

In view of our conclusion to reverse and remand the cause for a new trial because of the second ground of error assigned, we refrain from commenting as to the weight of the evidence actually introduced. It is sufficient to say that the rule against permitting children of tender years to testify in a divorce proceeding between their parents has no application to a child as far advanced in years as the witness here involved, and especially where the child is able to...