Sparhawk v. Sparhawk
Massachusetts Supreme Judicial Court
Petitions under the St. of 1874, c. 397, § 1, for leave to marry again. Each petitioner alleged that his wife had obtained from him in 1872 a divorce nisi under the St. of 1870, c. 404, for the cause, in the first case, of extreme cruelty, and, in the second, of cruel and abusive treatment.
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Petitions under the St. of 1874, c. 397, § 1, for leave to marry again. Each petitioner alleged that his wife had obtained from him in 1872 a divorce nisi under the St. of 1870, c. 404, for the cause, in the first case, of extreme cruelty, and, in the second, of cruel and abusive treatment. Upon the first petition being presented on August 13, 1874, in vacation, with a request for an order of notice by publication, Gray, C. J., reserved for the consideration of the full court the question of law whether upon the facts alleged the petition could be entertained. The case was submitted upon…
1Opinion of the CourtGray, C. J.
The question presented by these two cases is of the validity of the St. of 1874, c. 397, § 1, by which the Legislature has enacted that “ all divorces nisi heretofore decreed under and by authority of” the St. of 1870, c. 404, “shall be deemed and taken to be, and have the force and effect of, absolute divorces from the bonds of matrimony; and the justices of the Supreme Judicial Court, upon petition filed by the party against whom such divorce has been granted, and upon such notice as the court shall order, may authorize such party to marry again.”
The question thus presented for the…
2Cases cited4 opinions
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- White v. WhiteMassachusetts Supreme Judicial Court · 1870
- Bigelow v. BigelowMassachusetts Supreme Judicial Court · 1871
3Cited by22 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Willapoint Oysters, Inc. v. EwingCourt of Appeals for the Ninth Circuit · 1949
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- New England Trust Co. v. PaineMassachusetts Supreme Judicial Court · 1945
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
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