Legal Opinion

Gardner v. Gardner

Massachusetts Supreme Judicial Court

Decided October 15, 1854Published

Libel for a divorce from bed and board for extreme cruelty. The libel, which was filed on the 18th of April 1853, alleged that the respondent, “ wholly regardless of his vows and covenants, has treated the libellant with extreme cruelty. He has, without cause, heaped upon the libellant the most vile and opprobrious abuse. He has in the grossest language accused her of the most heinous crimes, of which he knew her to be innocent.

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Libel for a divorce from bed and board for extreme cruelty. The libel, which was filed on the 18th of April 1853, alleged that the respondent, “ wholly regardless of his vows and covenants, has treated the libellant with extreme cruelty. He has, without cause, heaped upon the libellant the most vile and opprobrious abuse. He has in the grossest language accused her of the most heinous crimes, of which he knew her to be innocent. He has during their intermarriage, and without provocation, frequently inflicted on the libellant in said Seekonk [where the parties resided] extreme personal…

1Opinion of the CourtShaw, C. J.

The 28th rule is thus: “ In every case intended for argument, [at a law term,] copies of all the material papers shall be delivered to each of the judges at or before the opening of the court on the first day of the term, or immediately upon the entry of the action upon the law docket; and no action shall be so entered by the clerk, until the papers are prepared and ready to be delivered as aforesaid; provided, that when the question arises upon a special verdict, a writ of error, or certiorari, or the answers of trustees, or in a suit in equity, it shall be sufficient to make out one…

2Cases cited17 opinions

  1. People v. Superior CourtNew York Supreme Court · 1833
  2. People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
  3. Wood v. WoodNew York Court of Chancery · 1830
  4. Burr v. BurrNew York Court of Chancery · 1842
  5. Whispell v. WhispellNew York Supreme Court · 1848

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