Legal Opinion

Zeitlin v. Zeitlin

Massachusetts Supreme Judicial Court

Decided May 21, 1909PublishedCited by 47 opinions

Petition filed in the Superior Court for the county of Middlesex on October 3, 1906, to vacate a decree of divorce, which was entered nisi in that court on March 8,1905, and which became absolute on September 8, 1905. The petition was heard by Fessenden, J., who allowed the petition and vacated the decree and, the respondent appealing, reported the case for determination by this court.

Read the full summary

Petition filed in the Superior Court for the county of Middlesex on October 3, 1906, to vacate a decree of divorce, which was entered nisi in that court on March 8,1905, and which became absolute on September 8, 1905. The petition was heard by Fessenden, J., who allowed the petition and vacated the decree and, the respondent appealing, reported the case for determination by this court. His report stated, among other facts, the following: The alleged ground for the divorce was desertion. “ The libel was properly brought in Middlesex county on May 5, 1904, was uncontested, and was heard and…

1Opinion of the CourtKetowltost, C. J.

This is a petition to vacate a decree of divorce obtained by the respondent against the petitioner. The jurisdiction of the court that granted the divorce, both over the case and the parties, was perfect. The ground on which the petition rests is that the case for a divorce was made out at the hearing by perjured testimony, knowingly procured by the libellant. The only question presented is whether a decree of divorce so obtained should be vacated upon proof of the fraud practised upon the court.

It is in the interests of justice that, after a trial and final judgment in a case, the matters…

2Cases cited6 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Pico v. CohnCalifornia Supreme Court · 1891
  3. Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1900
  4. Smith v. LowryNew York Court of Chancery · 1814
  5. Holbrook v. HolbrookMassachusetts Supreme Judicial Court · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  2. O'BRIEN v. DwightMassachusetts Supreme Judicial Court · 1973
  3. Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
  4. Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
  5. Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API