Legal Opinion

Osborn v. Osborn

Massachusetts Supreme Judicial Court

Decided October 19, 1899PublishedCited by 6 opinions

Libel for divorce, on the grounds of cruel and abusive treatment and extreme cruelty between October 5,1894, and August 3,1897, inclusive. Trial in the Superior Court, before GfasJcill, J., who ordered a decree for the libellant, on the ground of cruel and abusive treatment; and the libellee alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtHolmes, C. J.

The libellant proved cruel and abusive treatment previous to and in the month of July, 1897. She left the libellee on August 3, 1897, having cohabited with him from one to five weeks after the offence. The. only question is whether the judge was bound to rule that the facts showed condonation as matter of law. On the evening before August 3, according to the libellant’s testimony, her husband was swearing at her because she would not get from her father money to pay his bills, — the cause of his earlier abusive treatment. On the third, he came into the room where she was, with a razor and a…

2Cases cited3 opinions

  1. Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1868
  2. Phillips v. PhillipsWisconsin Supreme Court · 1870
  3. Jefferson v. JeffersonMassachusetts Supreme Judicial Court · 1897

3Cited by6 opinions

  1. Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
  2. Callan v. CallanMassachusetts Supreme Judicial Court · 1932
  3. Mooney v. MooneyMassachusetts Supreme Judicial Court · 1944
  4. Ripley v. RipleyMassachusetts Supreme Judicial Court · 1927
  5. Giles v. GilesMassachusetts Supreme Judicial Court · 1932

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