Miller v. Miller
Massachusetts Supreme Judicial Court
Libel for divorce, dated April 19,1888, brought by a bus-band against his wife, alleging that in August, 1880, she “ utterly deserted your libellant, and has continued such desertion from that time until the present time.” At the hearing in the Superior Court, before Dunbar, J., the libellant introduced evidence, which was contradicted, tending to show that the libellee deserted him seven or eight years before the date of the libel.
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Libel for divorce, dated April 19,1888, brought by a bus-band against his wife, alleging that in August, 1880, she “ utterly deserted your libellant, and has continued such desertion from that time until the present time.” At the hearing in the Superior Court, before Dunbar, J., the libellant introduced evidence, which was contradicted, tending to show that the libellee deserted him seven or eight years before the date of the libel. There was evidence that the libellee filed a petition to the Probate Court for separate maintenance, under the Pub. Sts. c. 147, § 33, alleging that for…
1Opinion of the CourtKnowlton, J.
By a decree of the Probate Court, in force at the time of the hearing in this case, it was adjudged that the libellee was living apart from her husband for justifiable cause. The court had jurisdiction of the case, and of the parties, and *112the decree has the same binding effect as if it were made by any other court of competent jurisdiction. Smith v. Rice, 11 Mass. 507. Emery v. Hildreth, 2 Gray, 228. Pierce v. Prescott, 128 Mass. 140. McKim v. Doane, 137 Mass. 195.
The fact determined by it is inconsistent with the necessary allegation in the libel, that the libellee previously had utterly…
2Cases cited6 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Fera v. FeraMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Cochrane v. CochraneMassachusetts Supreme Judicial Court · 1939
- Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
- Williamson v. WilliamsonMassachusetts Supreme Judicial Court · 1923
- Slavinsky v. SlavinskyMassachusetts Supreme Judicial Court · 1934
22 more not listed; retrieve them via the Exa API.