Edgerly v. Edgerly
Massachusetts Supreme Judicial Court
Cross libels for divorce from the bond of matrimony, heard together before Morton, J. The libel of the husband was filed October 17,1871, and alleged acts of adultery committed by the wife with one Wyman in March and April 1870. To this libel the wife filed a plea in bar, protesting that she did not confess or admit these allegations to be true; and averring that at April term 1871 she filed a libel for divorce from the said Daniel, alleging as causes therefor the utter…
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Cross libels for divorce from the bond of matrimony, heard together before Morton, J. The libel of the husband was filed October 17,1871, and alleged acts of adultery committed by the wife with one Wyman in March and April 1870. To this libel the wife filed a plea in bar, protesting that she did not confess or admit these allegations to be true; and averring that at April term 1871 she filed a libel for divorce from the said Daniel, alleging as causes therefor the utter desertion of her by him, gross and confirmed habits of intoxication contracted by him since his marriage to her, and cruel…
1Opinion of the CourtGbay, J.
The husband, in answer to the wife’s libel for a divorce for desertion and cruel and abusive treatment, having alleged that her conduct was so lewd and improper as to justify him in refusing to live with her, and having introduced testimony in support of that allegation, the decree of the court, granting her a divorce nisi under the St. of 1870, c. 404, for the causes set forth in that libel, necessarily involved an adjudication that she had not been guilty of such conduct, and of course not guilty of any act of adultery before the filing of that libel. That decree, (unless impeached and set…
2Cases cited3 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1871
3Cited by18 opinions
- Cochrane v. CochraneMassachusetts Supreme Judicial Court · 1939
- Garnett v. GarnettMassachusetts Supreme Judicial Court · 1874
- Fox v. DavisMassachusetts Supreme Judicial Court · 1873
- Sobel v. SobelSupreme Court of New Jersey · 1926
- Cooke v. CookeSupreme Court of North Carolina · 1913
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