Legal Opinion

Graves v. Graves

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 61 opinions

Two petitions filed respectively by husbands who had obtained divorces from bed and board more than five years previously, for decrees under the St. of 1870, e. 404, § 3, to make them absolute as divorces from the bond of matrimony. In each case the wife answered, praying that alimony, or an allowance ia the nature of alimony, might now be made to her.

Read the full summary

Two petitions filed respectively by husbands who had obtained divorces from bed and board more than five years previously, for decrees under the St. of 1870, e. 404, § 3, to make them absolute as divorces from the bond of matrimony. In each case the wife answered, praying that alimony, or an allowance ia the nature of alimony, might now be made to her. Hearings before Wells, J., who made reports thereof to the full court, of which the following is the substance: In the case of Graves, it appeared from the record, that on the trial of the husband’s libel for divorce there was proof that the…

1Opinion of the CourtGray, J.

By the Gen. Sts. c. 107, § 9, a divorce from bed and board might be decreed upon the libel of either party for cruel and abusive treatment by the other. By § 10, if the parties lived separately for five consecutive years after such decree, a divorce from the bond of matrimony might be decreed upon the petition of the original libellant; or, after they had lived separately for ten consecutive years, upon the libel of either party. By §§ 40, 43, upon any divorce from bed and board, the court might decree the restoration to the wife of the whole or any part of the personal estate that came to…

2Cases cited5 opinions

  1. Buckminster v. BuckminsterSupreme Court of Vermont · 1865
  2. Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
  3. Allen v. AllenMassachusetts Supreme Judicial Court · 1868
  4. Pritchard v. HicksNew York Court of Chancery · 1828
  5. Perry v. PerryNew York Court of Chancery · 1847

3Cited by61 opinions

  1. Coe v. CoeMassachusetts Supreme Judicial Court · 1943
  2. Campbell v. CampbellWisconsin Supreme Court · 1875
  3. Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
  4. Putnam v. PutnamMassachusetts Appeals Court · 1977
  5. Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1949

56 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API