Freeborn v. Freeborn
Massachusetts Supreme Judicial Court
Libel for divorce, filed March 16, 1895, upon the grounds of cruel and abusive treatment and of extreme cruelty. Trial in the Superior Court, before Fessenden, J., who ordered that the libel be dismissed, and the libellant alleged exceptions, in substance as follows.
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Libel for divorce, filed March 16, 1895, upon the grounds of cruel and abusive treatment and of extreme cruelty. Trial in the Superior Court, before Fessenden, J., who ordered that the libel be dismissed, and the libellant alleged exceptions, in substance as follows. The parties were married on April 2, 1878. Some years ago, after they had lived together pleasantly for many years, the libellee began to use toward the libellant occasional expressions, which increased in frequency until during the last year or two of cohabitation they became common, such as “ fool,” “idiot,” “know-nothing,” “no…
1Opinion of the CourtAllen, J.
This case comes to us on a bill of exceptions, and the question is not whether, on the facts stated, the presiding *52justice would have been warranted in granting a divorce, but whether, as matter of law, these facts gave the libellant an absolute right to a divorce. No doubt there may be such an habitual or frequent use of exasperating language as to warrant the granting of a divorce when injury to health follows. Bailey v. Bailey, 97 Mass. 373. Holyoke v. Holyoke, 78 Maine, 404. But when cruel and abusive treatment is charged, and the proof consists merely of words spoken, and these words…
2Cases cited4 opinions
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
- W v. WMassachusetts Supreme Judicial Court · 1886
- Johnson v. JohnsonMichigan Supreme Court · 1883
3Cited by11 opinions
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
- Bond v. BondSupreme Judicial Court of Maine · 1928
- Curtiss v. CurtissMassachusetts Supreme Judicial Court · 1922
- Brown v. BrownMassachusetts Supreme Judicial Court · 1948
- Michels v. MichelsSupreme Judicial Court of Maine · 1921
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