Legal Opinion

Donnelly v. Strong

Massachusetts Supreme Judicial Court

Decided January 4, 1900PublishedCited by 8 opinions

Libel, for a sentence of nullity of marriage. Trial in the Superior Court, before Aiken, J., who allowed a bill of exceptions, in substance as follows. The libellant offered to prove the following facts: He and the libellee first became acquainted in Lowell in the summer of 1883, and after some months their relations became such that in March, 1884, she became pregnant by him.

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Libel, for a sentence of nullity of marriage. Trial in the Superior Court, before Aiken, J., who allowed a bill of exceptions, in substance as follows. The libellant offered to prove the following facts: He and the libellee first became acquainted in Lowell in the summer of 1883, and after some months their relations became such that in March, 1884, she became pregnant by him. After this was known there was a conversation between them respecting marriage, the libellee representing to the libellant that she was unmarried, that she had never been married, that she had never before been in the…

1Opinion of the CourtHammond, J.

The libellant concedes that at the time of the marriage he was a bona fide resident of this State, and that the marriage was valid here; and there is nothing in the offer of proof to show that it would not be considered valid everywhere else, including the State of Maine. West Cambridge v. Lexington, 1 Pick. 506. Commonwealth v. Lane, 113 Mass. 458, 464. Cummington v. Belchertown, 149 Mass. 223, 226, and cases cited.

But the contention is that the libellant was induced to contract the marriage by the false and fraudulent representations of the libellee “ that she was unmarried, that she had…

2Cases cited4 opinions

  1. Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
  2. Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
  3. Smith v. SmithMassachusetts Supreme Judicial Court · 1898
  4. Inhabitants of Cummington v. Inhabitants of BelchertownMassachusetts Supreme Judicial Court · 1889

3Cited by8 opinions

  1. Lyon v. LyonIllinois Supreme Court · 1907
  2. di Lorenzo v. di LorenzoAppellate Division of the Supreme Court of the State of New York · 1902
  3. Wells v. TalhamWisconsin Supreme Court · 1923
  4. Bays v. BaysNew York Supreme Court · 1918
  5. Christlieb v. ChristliebIndiana Court of Appeals · 1919

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