Burnham v. Burnham

Decree dismissing libel affirmed. Decree dismissing petition to vacate decree affirmed. This is an appeal from a decree dismissing a libel for divorce for cruel and abusive treatment and an appeal from a decree dismissing the libellant’s petition to vacate the decree dismissing the libel. The evidence is reported. The judge made a report of material facts. From an examination of the evidence it appears that the findings of the judge were based on conflicting oral testimony. We cannot say that they are plainly wrong. Whitney v. Whitney, 325 Mass. 28. Young v. Young, 333 Mass. 767. The petition…