Burlen v. Shannon
Massachusetts Supreme Judicial Court
Contract on an account, running from 1860 to 1866, for $3100, for board and lodging of Harriet M. Shannon as the wife of the defendant.
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Contract on an account, running from 1860 to 1866, for $3100, for board and lodging of Harriet M. Shannon as the wife of the defendant. Defence, that the defendant, in Indiana, in 1856, was lawfully divorced from Mrs. Shannon, to whom he was married in 1835. At the trial in the superior court, the defendant conceded that the plaintiff was entitled to a verdict if this defence should not prevail; Morton, J., ruled that the plaintiff was estopped from impeaching the divorce, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The case is stated in the opinion.
1Opinion of the Court
Foster, J.*
In this action the plaintiff seeks to charge the defendant tor the board of his wife from February 1860 tc *201February 1866. The defence relied upon is, that in the year 1856 the defendant was legally divorced from his wife by a court of competent jurisdiction in the state of Indiana. The record of that divorce was introduced; and also the record of a libel by the wife against the husband, filed in this court in 1861 and dismissed at April term 1865 for Suffolk, in which she claimed a divorce a mensd et thora for cruelty and desertion, and he denied the charges and also set up in…
2Cases cited3 opinions
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