Holt v. Holt
Massachusetts Supreme Judicial Court
Libel on the St. of 1870, e. 404, § 2,* for a divorce from the bond of matrimony, alleging for cause that the libellee, “ being of sufficient ability so to do, grossly, wantonly and cruelly refuses and neglects to provide suitable maintenance for ” the libellant.
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Libel on the St. of 1870, e. 404, § 2,* for a divorce from the bond of matrimony, alleging for cause that the libellee, “ being of sufficient ability so to do, grossly, wantonly and cruelly refuses and neglects to provide suitable maintenance for ” the libellant. Hearing before D evens, J., on May 2, 1874, who held that the following facts were insufficient for the libellant to maintain her libel, and, at her request, reported the case for the consideration of the full court. It was proved at the hearing that the parties were married in Boston on September 3, 1868, and immediately went to…
1Opinion of the CourtColt, J.
This case comes within the rule laid down in Peabody v. Peabody, 104 Mass. 195. The charge of the wife is that *204the libellee, being of sufficient ability, grossly, wantonly and cruelly refuses and neglects to provide suitable maintenance for her. We cannot say, upon the facts reported, that the judge who heard the case improperly refused to grant a divorce. He may have well found that the necessary element of cruelty, “ causing injury to health, or danger of such injury, or reasonable apprehension thereof,” was wanting. Libel dismissed.
2Cases cited1 opinion
- Peabody v. PeabodyMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Smith v. SmithSupreme Court of Kansas · 1879
- Rubinstein v. RubinsteinMassachusetts Supreme Judicial Court · 1946
- Curtiss v. CurtissMassachusetts Supreme Judicial Court · 1922
- Keenan v. KeenanMassachusetts Supreme Judicial Court · 1914
- Webster v. WebsterMassachusetts Supreme Judicial Court · 1928
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