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META JANNER, petitioner-respondent, v. EMIL A. JANNER,defendant-appellant.

1. The testimony of paid detectives, while competent, is not given the same degree of credit as that of disinterested witnesses, but if their testimony is corroborated in a suit for divorce on the ground of adultery, it is to be considered.

2. Partial corroboration of detectives' testimony as to adultery is had from the fact that when accused of adultery, the defendant failed to deny it.

3. An undenied statement made in the presence of the other party is an admission against such other party.

4. In order to prove adultery by circumstantial evidence, opportunity for the crime and the will to commit it must be established before the court will infer the guilt.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion delivered by Advisory Master Moore in the court of chancery.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.

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JANNER v. JANNER
(Apr 28, 1933)