Clapp v. Clapp
Massachusetts Supreme Judicial Court
Libel for divorce from the bond of matrimony for desertion and adultery. The case was reserved by Gray, J., upon the following report, for determination by the full court whether the evidence introduced and offered would warrant a decree of di- ' vorce.
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Libel for divorce from the bond of matrimony for desertion and adultery. The case was reserved by Gray, J., upon the following report, for determination by the full court whether the evidence introduced and offered would warrant a decree of di- ' vorce. “ At the bearing it appeared that the parties were married on October 13,1855; that on April 5, 1860, the respondent deserted the libellant and continued such desertion ever since ; that the libellant on April 25, 1864, married another woman, and occupied the same house and bed with her for a few days, at the end of which they separated, and…
1Opinion of the CourtChapman, J.
The libellant seeks to obtain a divorce from his wife on the ground that she deserted him on the 5th of April, 1860, and continued the desertion for five years and more. She proves in defence, that before the lapse of the five years, namely, on the 25th of April, 1864, the libellant married another woman, and occupied the same house and bed with her for several days. This is sufficient evidence to prove adultery on his part.
1. He replies to this evidence, that his adultery is no defence, because her offence is of a different character; and he contends that she cannot recriminate his delictum…
2Cited by15 opinions
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- Moors v. MoorsMassachusetts Supreme Judicial Court · 1876
- Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1886
- Church v. ChurchSupreme Court of Rhode Island · 1890
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