LaFlamme v. LaFlamme
Massachusetts Supreme Judicial Court
Libel for divorce, filed on February 27, 1911, alleging as ground for divorce utter desertion for three consecutive years next previous to the date of the libel.
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Libel for divorce, filed on February 27, 1911, alleging as ground for divorce utter desertion for three consecutive years next previous to the date of the libel. In the Superior Court the -case was heard by McLaughlin, J„ who found that at some time after their marriage the libellant and the libellee had lived together in this Commonwealth; that in March, 1906, they had a home in Canada from which at that time the libellee withdrew herself and took up her abode in Milford and thus became guilty of an utter desertion of the libellant within the meaning of R L. c. 152, § 1. In December, 1909,…
1Opinion of the CourtSheldon, J.
We must take it that no difficulty arose in this case under the provisions of R. L. c. 152, §§ 4, 6. The only question is whether upon the findings of the judge it ought to have been ruled as matter of law that the libel cannot be maintained. We are of opinion that this ruling properly was made. *158It is true, as was argued in behalf of the libellant, that in December, 1909, he had become entitled to a divorce from his wife on the ground of her desertion. Cargill v. Cargill, 1 Sw. & Tr. 235. He did not however attempt to avail himself of this right, but visited her at the house in which she was…
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