Handy v. Handy
Massachusetts Supreme Judicial Court
Libel for divorce from the bond of matrimony, alleging that adultery was committed by the libellee on January 1,1875, with John Pettigrew, and that the libellee and Pettigrew had lived together as man and wife from that date to the date of filing the libel, March 14, 1877. At the hearing, before Undicott, J., it appeared that the parties were married on October 29, 1863, at Mashpee in this Commonwealth, and lived together as husband and wife until 1866, when the libellant…
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Libel for divorce from the bond of matrimony, alleging that adultery was committed by the libellee on January 1,1875, with John Pettigrew, and that the libellee and Pettigrew had lived together as man and wife from that date to the date of filing the libel, March 14, 1877. At the hearing, before Undicott, J., it appeared that the parties were married on October 29, 1863, at Mashpee in this Commonwealth, and lived together as husband and wife until 1866, when the libellant was convicted of breaking and entering, and-stealing, and was sentenced to imprisonment at hard labor in the state prison…
1Opinion of the CourtGray, C. J.
By the Gen. Sts. e. 107, § 6, a sentence to imprisonment at hard labor in the state prison for five years or more is classed with adultery and other causes which are grounds for a divorce from the bond of matrimony. A person who has been so sentenced has been guilty of an offence of the same class and degree, under our divorce act, as one who has committed adultery. As soon as the libellant had been so sentenced, the right of his wife to apply for an absolute divorce was complete. It was therefore rightly ruled that he was not entitled to a divorce for her subsequent adultery. Hall v. Hall, 4…
2Cases cited2 opinions
- Conant v. ConantCalifornia Supreme Court · 1858
- Clapp v. ClappMassachusetts Supreme Judicial Court · 1867
3Cited by17 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Chavez v. ChavezNew Mexico Supreme Court · 1935
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Holloway v. HollowaySupreme Court of Georgia · 1906
- Courson v. CoursonCourt of Appeals of Maryland · 2001
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