Commonwealth v. Richardson
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 165, § 4, averring that Howard A. Richardson, on August 6, 1848, at” Foxborough, “ being then and there a single man unmarried, was lawfully married to one Almira F. Belcher, and her the said Almira F. Belcher then and there had and took for his the said Howard A. Richardson’s wife, and cohabited with her as his lawful wife, and that afterward he, the said Howard A. Richardson, on the seventeenth day of October, in the year of our Lord one…
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Indictment on the Gen. Sts. c. 165, § 4, averring that Howard A. Richardson, on August 6, 1848, at” Foxborough, “ being then and there a single man unmarried, was lawfully married to one Almira F. Belcher, and her the said Almira F. Belcher then and there had and took for his the said Howard A. Richardson’s wife, and cohabited with her as his lawful wife, and that afterward he, the said Howard A. Richardson, on the seventeenth day of October, in the year of our Lord one thousand eight hundred and seventy-six, at Shutesbury, in the county of Franklin, did unlawfully marry and take to his wife…
1Opinion of the CourtLord, J.
The status of a party, whose contract of marriage has been judicially dissolved for his fault, has not, in this Commonwealth, been precisely defined. In Commonwealth v. Putnam, 1 Pick. 136, Mr. Justice Wilde says: “ By the divorce, the first marriage was dissolved, and, but for the second section of the act of 1784, o. 40, the second marriage would have been lawful by our laws; ” and adds: “ Notwithstanding the restraints imposed on the husband, he being the guilty cause of the divorce, the dissolution of the marriage contract was total, and not partial.” In West Cambridge v. Lexington, 1…
2Cases cited2 opinions
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Smith v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- State v. FallonNorth Dakota Supreme Court · 1892
- In Re WatsonSupreme Court of Rhode Island · 1896
- Kennedy v. StateCourt of Appeals of Texas · 1880
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