Legal Opinion

Tyler v. Tyler

Massachusetts Supreme Judicial Court

Decided January 8, 1898PublishedCited by 7 opinions

Libel for divorce, on the ground of extreme cruelty. At the trial in the Superior Court, before Fessenden, J., the following facts were agreed between the parties. The libellant was formerly the wife of George Wilton of Lawrence, and lived there with him.

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Libel for divorce, on the ground of extreme cruelty. At the trial in the Superior Court, before Fessenden, J., the following facts were agreed between the parties. The libellant was formerly the wife of George Wilton of Lawrence, and lived there with him. Upon his application for a divorce on the ground of desertion, a decree nisi was entered on April 19, 1885, which was made absolute on October 12. 1887. On October 25, 1887, while Wilton was still living, she and the present libellee went to Salem, New Hampshire, where they were married, and returned the same day to Lawrence, and have since…

1Opinion of the CourtField, C. J.

This case, on the facts appearing in the exceptions, is governed by Pub. Sts. c. 145, §§ 4 and 10, and c. 146, § 22. The case is not within St. 1895, c. 427, and St. 1896, c. 499, and these statutes were not intended to repeal Pub. Sts. c. 145, § 10. It is competent for the Legislature of the Commonwealth to regulate by statute the marriage of persons domiciled within the Commonwealth, although the' general rule of law is that a marriage valid in the place where it is celebrated is valid everywhere. The provisions of statute applicable to the present case declare that “ the marriage shall be…

2Cases cited3 opinions

  1. Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
  2. Commonwealth v. GrahamMassachusetts Supreme Judicial Court · 1892
  3. White v. WhiteMassachusetts Supreme Judicial Court · 1870

3Cited by7 opinions

  1. Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1934
  2. Luick v. ArendsNorth Dakota Supreme Court · 1911
  3. Gardner v. GardnerMassachusetts Supreme Judicial Court · 1919
  4. Vital v. VitalMassachusetts Supreme Judicial Court · 1946
  5. Wright v. WrightMassachusetts Supreme Judicial Court · 1928

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