Legal Opinion

Cushman v. Cushman

Massachusetts Supreme Judicial Court

Decided January 4, 1907PublishedCited by 8 opinions

Libel foe diyoece, by Jennie E. Cushman against Lewis N. Cushman, filed June 21, 1904, charging the libellee with adultery committed at Hubbardston on or about June 15, 1904. There was a previous libel by Lewis N. Cushman v. Jennie E. Cushman, dated February 8,1904, alleging desertion on or about January 3,1901. In the Superior Court the cases were heard by Aiken, C. J. He found that Lewis N. Cushman committed adultery at Hubbardston on June 15, 1904, with the person named…

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Libel foe diyoece, by Jennie E. Cushman against Lewis N. Cushman, filed June 21, 1904, charging the libellee with adultery committed at Hubbardston on or about June 15, 1904. There was a previous libel by Lewis N. Cushman v. Jennie E. Cushman, dated February 8,1904, alleging desertion on or about January 3,1901. In the Superior Court the cases were heard by Aiken, C. J. He found that Lewis N. Cushman committed adultery at Hubbardston on June 15, 1904, with the person named in his wife’s libel, and by reason of that misconduct ordered that his libel be dismissed. Upon the wife’s libel, after…

1Opinion of the CourtHammond, J.

To a libel of the wife for divorce on the ground of adultery the husband filed an answer denying the adultery and setting up by way of recrimination previous desertion on the part of the wife. At the trial the judge found that the husband was guilty of the adultery. But as to the charge of desertion he did not find that the wife’s conduct amounted to desertion, although he did find “ that there, was on her part such unmindfulness of marital obligations as to preclude the granting of her libel,” and ordered it to be dismissed. In other words, the wife’s charge of adultery was sustained but the…

2Cases cited4 opinions

  1. Watts v. WattsMassachusetts Supreme Judicial Court · 1894
  2. Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
  3. Clapp v. ClappMassachusetts Supreme Judicial Court · 1867
  4. Walker v. WalkerMassachusetts Supreme Judicial Court · 1898

3Cited by8 opinions

  1. Cochrane v. CochraneMassachusetts Supreme Judicial Court · 1939
  2. Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
  3. Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
  4. Blankenship v. BlankenshipNevada Supreme Court · 1929
  5. Newman v. NewmanMassachusetts Supreme Judicial Court · 1912

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