Lea v. Lea
Massachusetts Supreme Judicial Court
Libel filed January 16,1867, for a divorce from the bond of matrimony for the cause of the libellant’s desertion of the libellee “ for a period of five years consecutively, to wit, from March 31 1858, to the day of the filing of this libel,” which desertion was alleged to have been caused by extreme cruelty of the libellee, and by his wanton and cruel neglect to provide suitable maintenance for the libellant, he being of sufficient ability so to do ; also for the cause of…
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Libel filed January 16,1867, for a divorce from the bond of matrimony for the cause of the libellant’s desertion of the libellee “ for a period of five years consecutively, to wit, from March 31 1858, to the day of the filing of this libel,” which desertion was alleged to have been caused by extreme cruelty of the libellee, and by his wanton and cruel neglect to provide suitable maintenance for the libellant, he being of sufficient ability so to do ; also for the cause of the adultery of the libellee. At the hearing it was admitted that the desertion relied on began at and continued during…
1Opinion of the CourtWells, J.
The wife alleges that she deserted her husband, and that the desertion was caused by his extreme cruelty and by his gross, wanton and cruel neglect to provide suitable mainte*495nance for her. In the former case of Lea v. Lea, 8 Allen, 418, the husband sought a divorce on the ground of the same act of desertion by the wife which she relies on in this case. She then denied that it was legally such a desertion as entitled him to a divorce, setting up his wrongful acts in justification. The court instructed the jury that, if they should find that the respondent left her husband with his approbation,…
2Cited by29 opinions
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- Prall v. PrallSupreme Court of Florida · 1909
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Cochrane v. CochraneMassachusetts Supreme Judicial Court · 1939
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
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