Anders v. Anders
Massachusetts Supreme Judicial Court
Libel, filed in the Superior Court on October 18, 1913, under R. L. c. 151, § 11, to annul a marriage performed on October 16, 1913. In the Superior' Court the case was heard by Dana, J., who reported it for determination by this court. The report was as follows: The libellant was a widower, whose wife died some three and one half years before, leaving two children whose ages were seven and five respectively.
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Libel, filed in the Superior Court on October 18, 1913, under R. L. c. 151, § 11, to annul a marriage performed on October 16, 1913. In the Superior' Court the case was heard by Dana, J., who reported it for determination by this court. The report was as follows: The libellant was a widower, whose wife died some three and one half years before, leaving two children whose ages were seven and five respectively. He became acquainted with the libellee nearly a year before the hearing, and for about five weeks before the marriage ceremony employed the libellee as his housekeeper and to look after…
1Opinion of the CourtLoring, J.
It was decided in Dickinson v. Dickinson, [1913] P. 198, that wilful and persistent refusal on the part of the wife to allow any marital intercourse was ground for a decree of nullity of the marriage at the suit of the husband. The earlier cases in England had proceeded upon the ground that in such a case incapacity in fact on the part of the wife must be made out to enable the husband to get such a decree. But upon great consideration it was held in that case that the objects for which matrimony exists are as much defeated in case the wife wilfully persists in refusing to have marital…
2Cases cited3 opinions
- Cowles v. CowlesMassachusetts Supreme Judicial Court · 1873
- Barnes v. WyetheSupreme Court of Vermont · 1855
- S v. SMassachusetts Supreme Judicial Court · 1906
3Cited by27 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Millar v. MillarCalifornia Supreme Court · 1917
- Maier Hanson v. HansonMassachusetts Supreme Judicial Court · 1934
- Tufts v. PooreCourt of Appeals of Maryland · 1999
- Bielby v. BielbyIllinois Supreme Court · 1929
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