Harteau v. Harteau
Massachusetts Supreme Judicial Court
This was a libel for a divorce a vinculo, on the ground of adultery committed by the husband. The libel also charged the husband with desertion and cruel neglect of the libellant.
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This was a libel for a divorce a vinculo, on the ground of adultery committed by the husband. The libel also charged the husband with desertion and cruel neglect of the libellant. It appeared, that the parties, who were natives of this State, were married in this county and resided here for several years after their marriage ; that they then removed into the State of New York, where they took up their residence, and where the alleged desertion and neglect took place ; that the libellant thereupon returned to her mother’s residence in this county, and filed the libel; that she has lived here…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The ground of defence to this libel is, that the parties were not within the jurisdiction or limits, nor subject to the laws of the commonwealth, at the time of the act done, which is relied on as the cause of divorce.
We consider it to be proved, that these parties had :cna fide changed their domicile and become citizens of the State of New York, before the desertion charged. Such being the fact, it seems to us to be the same case as if they had never been inhabitants of this commonwealth. As such, it seems to fall within the principle of the…
2Cases cited3 opinions
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1807
- Lane v. LaneMassachusetts Supreme Judicial Court · 1806
3Cited by5 opinions
- Torlonia v. TorloniaSupreme Court of Connecticut · 1928
- Reed v. ReedSuperior Court of Pennsylvania · 1906
- Cilley v. JennessSuperior Court of New Hampshire · 1819
- State Ex Rel. Hooten v. HootenCourt of Appeals of Tennessee · 1925
- Trump v. BarbaraSupreme Court of the United States · 2026