Fuller v. Fuller
Massachusetts Supreme Judicial Court
Two libels foe DIVORCE upon the ground of desertion. Trial in the Superior Court, before Lawton, J., who granted a divorce upon the libel of Dana L. Fuller, and dismissed that of Josephine E. M. Fuller; and she alleged exceptions, in substance as follows. The parties were married on November 28, 1894. At that time Fuller, who was a widower, lived with his three daughters and his sister at his home in Fitchburg.
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Two libels foe DIVORCE upon the ground of desertion. Trial in the Superior Court, before Lawton, J., who granted a divorce upon the libel of Dana L. Fuller, and dismissed that of Josephine E. M. Fuller; and she alleged exceptions, in substance as follows. The parties were married on November 28, 1894. At that time Fuller, who was a widower, lived with his three daughters and his sister at his home in Fitchburg. To this house he brought his wife, and she lived with him there until May 3, 1895, when she removed her effects to the Fitchburg Hotel. Fuller, who testified as a witness, was asked…
1Opinion of the CourtHammond, J.
The exception to the admission of the evidence of the husband as to the conversation between him and *185his wife at the hotel on the day she left his house must be sustained.
While it is true, as said in French v. French, 14 Gray, 186, 188, that the word “ conversation ” in the statute does not include all language between husband and wife, still it must be held to include the language in this case. Here there was no abuse, no threat, no assault. It was a plain case of a conversation between husband and wife, and even if, as contended by the counsel for the husband, it was a conversation which…
2Cases cited5 opinions
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
- Lyon v. ProutyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. ClearyMassachusetts Supreme Judicial Court · 1890
- Drew v. TarbellMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Bond v. BondSupreme Judicial Court of Maine · 1928
- Commonwealth v. CroninMassachusetts Supreme Judicial Court · 1904
- Leland v. ConverseMassachusetts Supreme Judicial Court · 1902
- Spearman v. StateCourt of Criminal Appeals of Texas · 1913