Stewart v. Stewart
Supreme Judicial Court of Maine
ON exceptions. Libel for divorce filed in the clerk’s office December 3, 1885. It alleged that the libelleo on the first day of December, 1882, " deserted the bed of your libellant and refused wholly to cohabit with your libellant, as man and wife and to occupy the same bed with him — but on said day left his bed, and on the 21st January, 1883, wholly deserted your libellant’s home,” and had continued such desertion ever since.
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ON exceptions. Libel for divorce filed in the clerk’s office December 3, 1885. It alleged that the libelleo on the first day of December, 1882, " deserted the bed of your libellant and refused wholly to cohabit with your libellant, as man and wife and to occupy the same bed with him — but on said day left his bed, and on the 21st January, 1883, wholly deserted your libellant’s home,” and had continued such desertion ever since. On the second day of the January term, 1888, the libcllee filed a motion to dismiss on the ground that “ it appears by said libel that she did not desert said…
1Opinion of the CourtE.wert, J.
The power of the court to decree divorces, is derived solely from the statute. It has no common law jurisdiction over such matters. It can decree a divorce for such cause only as the legislature authorizes. The only statute authority relied upon in this case, is that clause authorizing the court to decree a divorce for " utter desertion continued for three consecutive years, next prior to the filing of the libel.”
This case, therefore, presents the question whether the legislature, by that statute, intended to authorize a divorce where one party, without good cause, denies the other sexual…
2Cases cited2 opinions
- Southwick v. SouthwickMassachusetts Supreme Judicial Court · 1867
- Cowles v. CowlesMassachusetts Supreme Judicial Court · 1873
3Cited by21 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Wood v. WoodSupreme Judicial Court of Maine · 1979
- Chandler v. ChandlerSupreme Court of Virginia · 1922
- Lohmuller v. LohmullerCourt of Appeals of Texas · 1911
- White v. ShalitSupreme Judicial Court of Maine · 1938
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