Calef v. Calef
Supreme Judicial Court of Maine
Libel eor Divorce. The only question was as to the jurisdiction of the cause. " Cohabitation” does not include the idea of " residence” or "domicil,” in their legal acceptation, but means "living together as husband and wife.” Webster’s Diet. It expresses the relation of the parties to each other. They may cohabit in a place without residing there. These parties "lived together in this State as husband and wife.”
Read the full summary
Libel eor Divorce. The only question was as to the jurisdiction of the cause. " Cohabitation” does not include the idea of " residence” or "domicil,” in their legal acceptation, but means "living together as husband and wife.” Webster’s Diet. It expresses the relation of the parties to each other. They may cohabit in a place without residing there. These parties "lived together in this State as husband and wife.” Sexual intercourse is not an essential element in cohabitation. Cohabitation is used to express the idea of living together as husband and wife a single night. Gardner v. Gardner, 2…
1Opinion of the CourtAppletoN, C. J.
This is a libel for a divorce, the li-bellee being a resident of Massachusetts.
ByR. S., 1857, c. 60, § 2, "a divorce from the bonds of matrimony may be decreed by any Justice of the Supreme Judicial Court, at any term thereof in the county where either party resides at the time of filing the libel, when, in the exercise of a sound discretion, he deems it reasonable and proper, conducive to domestic harmony, and consistent with the peace and morality of society, if the parties were married in this state, or cohabited here after marriage.”
The parties to this libel were married in Rhode Island…
2Cited by8 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Jennings v. McDougleWest Virginia Supreme Court · 1919
- Bechtel v. BechtelSupreme Court of Minnesota · 1907
- Turney v. StateSupreme Court of Arkansas · 1895
- United States v. MusserUtah Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.