Whippen v. Whippen
Massachusetts Supreme Judicial Court
Libel, for a sentence of nullity of marriage. Hearing in the Superior Court, before IAlley, J., who ruled that the libellant was entitled to a decree, and, at the request of the libellee, re- ■ ported the case for the determination of this court. If the ruling was correct, a decree' of nullity was to be entered; otherwise, the libel was to be dismissed. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
This case must be governed by Tyler v. Tyler, 170 Mass. 150, unless the fact that the libellant was innocent of any intention to evade the provisions of our statutes distinguishes this case from that. The libellee intended to evade the provisions of Pub. Sts. c. 145, § 4, and c. 146, § 22. There is *561no doubt that. the present libel is the proper proceeding for determining the validity in this Commonwealth of the marriage of the parties in Rhode Island. Pub. Sts. c. 145, § 11.
The divorce granted to the former wife of the libellee for his adultery became absolute on July 9, 1894. On the…
2Cases cited5 opinions
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Thompson v. ThompsonMassachusetts Supreme Judicial Court · 1874
- Whippen v. WhippenMassachusetts Supreme Judicial Court · 1888
- Tyler v. TylerMassachusetts Supreme Judicial Court · 1898
3Cited by9 opinions
- Maier Hanson v. HansonMassachusetts Supreme Judicial Court · 1934
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Murphy v. MurphyMassachusetts Supreme Judicial Court · 1924
- Gardner v. GardnerMassachusetts Supreme Judicial Court · 1919
- Smith v. GoldsmithSupreme Court of Alabama · 1931
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