Legal Opinion

Burton v. Burton

Supreme Court of Vermont

Decided January 15, 1886PublishedCited by 13 opinions

.Libel for divorce. Heard on the defendant’s demurrer to the libellant’s surrejoinder, September Term, 18'85, Royce, Ch. J., presiding. Demurrer overruled. The libel stated cruelty and adultery as causes for the divorce.

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.Libel for divorce. Heard on the defendant’s demurrer to the libellant’s surrejoinder, September Term, 18'85, Royce, Ch. J., presiding. Demurrer overruled. The libel stated cruelty and adultery as causes for the divorce. The plea set forth the former divorce proceedings between the same parties, the libel, its dismissal, etc., and alleged that “the pretended offenses set forth in this present libel are the same identical offenses as are mentioned and alleged to have been committed in said first libel.” * * * “And said court, upon full hearing and trial of said cause upon its merits and upon…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

In divorce proceedings in this State, but little attention is paid to the pleadings. The procedure in such cases has not been regarded as subject to the rules and forms of pleading that prevail in common law causes. Usually there are no pleadings, even in contested libels. The practice certainly does not require it. Anything that tends to show that the libellant is not entitled to a divorce for the causes alleged, is admitted in evidence; and a former adjudication may be shown in evidence by a copy of record *419without special plea. Shackett v.…

2Cases cited19 opinions

  1. Hughes v. United StatesSupreme Court of the United States · 1866
  2. Durant v. Essex Co.Supreme Court of the United States · 1869
  3. Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
  4. Walden v. BodleySupreme Court of the United States · 1840
  5. Lessee of Parrish v. FerrisSupreme Court of the United States · 1863

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3Cited by13 opinions

  1. Varanelli v. LuddySupreme Court of Connecticut · 1943
  2. McIntyre v. McIntyreMichigan Supreme Court · 1919
  3. Tillison v. TillisonSupreme Court of Vermont · 1891
  4. Field v. FieldMassachusetts Supreme Judicial Court · 1928
  5. Field v. FieldNew Jersey Superior Court Appellate Division · 1954

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