Perkins v. Perkins
Massachusetts Supreme Judicial Court
This was a libel for a divorce a mensa et thora for the extreme cruelty of the respondent. The evidence was, that, for a long course of time, the respondent had made use of brutal language and violent threats of personal abuse; and that, about six years since, he unjustifiably assaulted and beat her; after which fact the parties continued to reside together, the respondent still continuing to use the same abuse and threatening language.
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This was a libel for a divorce a mensa et thora for the extreme cruelty of the respondent. The evidence was, that, for a long course of time, the respondent had made use of brutal language and violent threats of personal abuse; and that, about six years since, he unjustifiably assaulted and beat her; after which fact the parties continued to reside together, the respondent still continuing to use the same abuse and threatening language. It was suggested for the respondent, that although the evidence of the personal violence used by him might have furnished a sufficient cause for a divorce, if…
1Opinion of the Court
By the Court.
In case of an application for a divorce a vinculo for adultery, if, after knowledge of the offence committed, the libellant has lived with the offending party, we have always refused to grant the divorce ; but this rule cannot be applied to a case of the kind now before us. The patience and forbearance of a wife, and *58her endeavors to prevent the scandal of an open rupture, ought not to operate to her prejudice. (1)
Divorce decreed.
[From the opinion of the Court, it would seem that they labored under a misapprehension of the law as administered in the Ecclesiastical Courts. For…
2Cited by7 opinions
- Hollister v. HollisterSupreme Court of Pennsylvania · 1847
- Toulson v. ToulsonCourt of Appeals of Maryland · 1901
- Huffine v. HuffineVan Wert County Court of Common Pleas · 1947
- Quarles v. QuarlesSupreme Court of Alabama · 1851
- Hill v. HillMassachusetts Supreme Judicial Court · 1806
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