Holt v. Holt
Massachusetts Supreme Judicial Court
Libel for divorce, filed on January 9,1908, by Jane W. Holt against her husband, John Holt, upon the grounds of cruel and abusive treatment and adultery with one Emma Whitehouse. At the trial in the Superior Court before Lawton, J., it appeared that the libellant was in her seventy-ninth year, in ill health and feeble, and that the libellee was four years younger than his wife.
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Libel for divorce, filed on January 9,1908, by Jane W. Holt against her husband, John Holt, upon the grounds of cruel and abusive treatment and adultery with one Emma Whitehouse. At the trial in the Superior Court before Lawton, J., it appeared that the libellant was in her seventy-ninth year, in ill health and feeble, and that the libellee was four years younger than his wife. As bearing upon the . cruelty of the husband, the libellant was asked the following question: “ Q. Whether or not Emma [meaning Mrs. Whitehouse] ever struck you in the presence of » your husband ? A. She struck me on…
1Opinion of the CourtSheldon, J.
The evidence in this case tended strongly to show the commission of the adultery charged in the libel; but in view of the advanced age of the libellee and of the burden of proof which rested upon the libellant the judge was not bound so to find. Indeed the libellant’s counsel very properly has made no such contention. The only contention now made is that the judge erred in excluding testimony of an assault com*26mitted upon the libellant in the presence, of her husband, by the woman who was alleged to be the paramour of the libellee.
It is contended that this testimony was competent as tending to…
2Cited by4 opinions
- Russell v. RussellCourt of Appeals of Tennessee · 1926
- Schuster v. SchusterUtah Supreme Court · 1936
- Harbin v. HarbinSupreme Court of Alabama · 1947
- Detert v. DetertMontana Supreme Court · 1943