Blackinton v. Blackinton
Massachusetts Supreme Judicial Court
Petition to the Probate Court, under the Pub. Sts. e. 14T, § 33, alleging that the petitioner was the wife of William S. Blackinton of Attleborough, but commorant in the city of New York, in the State of New York; that her husband failed, without just cause, to furnish suitable support for her, and had deserted her; that the petitioner, for justifiable cause, was actually living apart from her said husband; and that there had been born to them one child, Effie M. Blackinton;…
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Petition to the Probate Court, under the Pub. Sts. e. 14T, § 33, alleging that the petitioner was the wife of William S. Blackinton of Attleborough, but commorant in the city of New York, in the State of New York; that her husband failed, without just cause, to furnish suitable support for her, and had deserted her; that the petitioner, for justifiable cause, was actually living apart from her said husband; and that there had been born to them one child, Effie M. Blackinton; and praying that the court would prohibit the husband from imposing any restraint on her personal liberty, for such…
1Opinion of the CourtHolmes, J.
If the petitioner were proceeding for a divorce, there is no doubt that the court would possess and exercise jurisdiction, notwithstanding the husband’s change of domicil.
Pub. Sts. c. 146, §§ 1, 5. Harteau v. Harteau, 14 Pick. 181, 185. Brett v. Brett, 5 Met. 233, 235. Shaw v. Shaw, 98 Mass. 158. Cheever v. Wilson, 9 Wall. 108, 124. See Niboyet v. Niboyet, 4 P. D. 1. The present proceeding contemplates a continuance of the marriage status, instead of its dissolution. But the ground on which it proceeds is a breach of the duties incident to that sta'tus, — in this case desertion, that is, a…
2Cases cited5 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- The People v. . BakerNew York Court of Appeals · 1879
- Shaw v. ShawMassachusetts Supreme Judicial Court · 1867
- Beard v. BeardIndiana Supreme Court · 1863
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1874
3Cited by42 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Sampsell v. Superior CourtCalifornia Supreme Court · 1948
- Bray v. LandergrenSupreme Court of Virginia · 1934
- Rhoades v. RhoadesNebraska Supreme Court · 1907
- Hopping v. HoppingSupreme Court of Iowa · 1943
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