Legal Opinion

Hill v. Hill

Massachusetts Supreme Judicial Court

Decided October 15, 1806PublishedCited by 1 opinion

This was a libel for a divorce a mensd et thora, for extreme cruelty in the husband.

1Opinion of the Court

Curia.

In a libel for a divorce from bed and board only, you nave no occasion to prove a marriage, unless it be denied.

The evidence in support of the charge of cruelty was only of abusive and threatening language.

Curia. Threats of violence, without an actual assault, are not a legal cause for divorce, (a) The wife’s remedy in such case is by exhibiting articles of the peace against her husband.

The divorce was refused.

Warren vs. Warren, 3 Mass. Rep. 321. — French vs. French, 4 Mass. Rep. 587. — Sed vide, contra, Hulme vs. Hulme, 2 Adams’s Eccl. R. 27. — Oliver vs. Oliver, 1 Hagg. Cons. R. 364.…

2Cases cited2 opinions

  1. Barrere v. BarrereNew York Court of Chancery · 1819
  2. Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1809

3Cited by1 opinion

  1. Robinson v. RobinsonSupreme Court of New Hampshire · 1891

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