
    Emlaw vs. Emlaw.
    Defendant in divorce suit, charged with adultery, has a right to trial by jury.
    Deposition of witness ruled out, where witness sworn regularly aDd testifies in cause.
    Appeal from Muskegon in Chancery — Divorce.
   Opinion by

Campbell, C. J.

Where a party charged with adultery desires a trial by jury it should he granted.

Where a deposition was taken in another cause de bene esse before issue joined in this, on'account of the sickness of a witness, and it was stipulated it might be read in this cause with the same force and effect as if taken and returned in this Cause ; but the witness recovered, and was afterwards sworn regularly in this cause, and the-deposition taken de bene esse was held incompetent and ruled out.

Positive testimony of a witness who is manifestly falsifying, and whose statements are intrinsically incredible, was disregarded, without reference to the impeachment of the witness, which was, nevertheless, complete; and it was considered by the Court that, even with the suppressed deposition, there was nothing shown in the cause to justify an inference of adultery.

Decree reversed and bill dismissed.  