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OWEN CUMMINGS, petitioner-appellant, petitioner-respondent, v. SADIECUMMINGS, defendant-respondent, defendant-appellant.

1. Testimony given by detectives engaged by one spouse to trace the movements of the other spouse is, of course, always to be carefully scrutinized and cautiously accepted, but subject to that test and guard, it is not to be disregarded and if belief in its truth is induced by the attending circumstances, it must be given due weight.

2. Held, that the petitioner has proved the adultery of his wife, and the defendant wife her charges of the petitioner's cruelty. Petition and counter-claim dismissed.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the conclusions of Vice-Chancellor Backes.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, KERNEY, JJ. 15.

For reversal — None.

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CUMMINGS v. CUMMINGS
(Feb 1, 1932)