Moors v. Moors
Massachusetts Supreme Judicial Court
Libel for divorce from the bonds of matrimony for desertion. Hearing before Gray, C. J., who reserved the case for the consideration of the full court as follows: At September term 1874, the libel was filed, and notice ordered by publication, returnable at April term 1875, when a decree of divorce nisi was granted, to be made absolute on notice after six months’ publication, “ upon compliance with the terms thereof, unless sufficient cause to the contrary appear.”
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Libel for divorce from the bonds of matrimony for desertion. Hearing before Gray, C. J., who reserved the case for the consideration of the full court as follows: At September term 1874, the libel was filed, and notice ordered by publication, returnable at April term 1875, when a decree of divorce nisi was granted, to be made absolute on notice after six months’ publication, “ upon compliance with the terms thereof, unless sufficient cause to the contrary appear.” At the nearing upon the motion to' make the decree absolute, it appeared that its terms had been complied with; but that in June,…
1Opinion of the CourtAmes, J.
The decree nisi heretofore entered in this case was, as the term imports, provisional only, and did not have the effect of dissolving the marriage between the parties. The libellant was not entitled to a full divorce until he had proved that he had given the notice required by the rule of the court under the St. of 1867, c. 222, and that no cause to the contrary had been made to appear. Until that is done, and the conditional decree of divorce is made absolute, the marriage relation between the parties continues to subsist. Of course the subsequent marriage, which the libellant has undertaken…
2Cases cited3 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Clapp v. ClappMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
- Gordon v. GordonIllinois Supreme Court · 1892
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- White v. WhiteWisconsin Supreme Court · 1918
- Willey v. WilleyWashington Supreme Court · 1900
- Green v. GreenCourt of Appeals of Maryland · 1915
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