West v. West
Massachusetts Supreme Judicial Court
Upon a libel for a divorce vinculo matrimonii, for the cause of adultery, evidence was offered to the Court of sundry acts of adultery committed, some of which were stated to have taken place since the 7tb of March, 1806, the date of the act hereafter mentioned. The Court, in declaring the divorce, observed that the evidence of these latter instances was not satisfactory, and that the decree was. wholly grounded on the evidence of one or more facts of an anterior date.
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Upon a libel for a divorce vinculo matrimonii, for the cause of adultery, evidence was offered to the Court of sundry acts of adultery committed, some of which were stated to have taken place since the 7tb of March, 1806, the date of the act hereafter mentioned. The Court, in declaring the divorce, observed that the evidence of these latter instances was not satisfactory, and that the decree was. wholly grounded on the evidence of one or more facts of an anterior date. After the divorce was decreed, the counsel for the libellant moved the Court for an assignment of alimony. By sect. 5 of “An…
1Opinion of the Court
(Sedgwick, J.,
observed that such a practice had formerly obtained, biii; that, some time since, on considering the statute with more attention, the Court were satisfied that the practice was wrong, and in all late cases they had refused ihe alimony.)
The doctrine that ex post facto laws are void, relates only to such laws as go to inflict a penalty on an action not criminal at the time of its commission, or to laws affecting contracts previously made. But this statute relates to neither. It is much nearer akin to the laws proscribing the descent and distribution of estates.
A woman married…
2Cases cited2 opinions
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
- Davol v. DavolMassachusetts Supreme Judicial Court · 1816
3Cited by9 opinions
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
- Zildjian v. ZildjianMassachusetts Appeals Court · 1979
- Tipping v. TippingCourt of Appeals for the D.C. Circuit · 1936
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- In re NowellDistrict Court, D. Massachusetts · 1900
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