Rogers v. Rogers
Massachusetts Supreme Judicial Court
Libel for divorce, charging adultery by the libellee on or about May 1, 1872, and at divers other times, with persons to the libellant unknown. Hearing before Ames, J., who allowed a bill of exceptions in substance as follows: The parties were married in Hew York city, on October 28, 1862, and had resided in Boston some years before the filing of the libel.
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Libel for divorce, charging adultery by the libellee on or about May 1, 1872, and at divers other times, with persons to the libellant unknown. Hearing before Ames, J., who allowed a bill of exceptions in substance as follows: The parties were married in Hew York city, on October 28, 1862, and had resided in Boston some years before the filing of the libel. In May, 1872, the libellant became suspicious, from various indications, that her husband had contracted a venereal disease ; upon being charged with having been unfaithful to her, he admitted it, in general terms, to be true; and it was…
1Opinion of the CourtColt, J.
Condonation, when relied on as a bar to an application for a divorce, implies some knowledge of the offence committed, and some degree of belief in its existence. When sufficient grounds for the inference are presented in the facts proved in their ordinary effect upon the mind, such knowledge is presumed. Anon. 6 Mass. 147. But forgiveness of one act is not forgiveness of other acts of which the forgiving party had neither knowledge nor reasonable ground of belief; nor does readiness to forgive a single offence imply willingness to forgive a life of profligacy. Whether the condonation in any…
2Cases cited1 opinion
- AnonymousMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Drew v. DrewMassachusetts Supreme Judicial Court · 1924
- Merrill v. MerrillAppellate Division of the Supreme Court of the State of New York · 1899
- Crews v. CrewsSupreme Court of Florida · 1938
- Holsworth v. HolsworthMassachusetts Supreme Judicial Court · 1925
- Maglathlin v. MaglathlinMassachusetts Supreme Judicial Court · 1885
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