Legal Opinion

Jefferson v. Jefferson

Massachusetts Supreme Judicial Court

Decided May 21, 1897PublishedCited by 7 opinions

Libel, filed January 1, 1896, by Marietta R Jefferson for a divorce from Herbert P. Jefferson, on the grounds of cruel and abusive treatment. Hearing in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows.

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Libel, filed January 1, 1896, by Marietta R Jefferson for a divorce from Herbert P. Jefferson, on the grounds of cruel and abusive treatment. Hearing in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The libellant introduced evidence tending to show that she was married to the libellee on October 8, 1885, and that four children were born to them, of whom at the time of the trial three were living; that the libellee was a physician, who carried on a private hospital for the treatment of diseases of women ; that at one time in August, 1894, when…

1Opinion of the CourtKnowlton, J.

The question in this case is whether there was evidence to warrant the findings of the judge who tried the case.

1. There was evidence that the libellee was guilty of cruel and abusive treatment of the libellant, even to the extent of inflicting considerable injury upon her person by violence. There was also evidence tending to show that he was cruel and abusive in other ways, so that her health was materially affected by his conduct.

2. The judge ruled that her letter to him written on September 23, 1895, “ if accepted and acted on by. him, is conclusive evidence of condonation of all causes…

2Cases cited4 opinions

  1. Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1868
  2. Farnham v. FarnhamIllinois Supreme Court · 1874
  3. Armstrong v. Armstrong's AdministratorIndiana Supreme Court · 1866
  4. Smith v. SmithMassachusetts Supreme Judicial Court · 1896

3Cited by7 opinions

  1. Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
  2. Callan v. CallanMassachusetts Supreme Judicial Court · 1932
  3. Mooney v. MooneyMassachusetts Supreme Judicial Court · 1944
  4. Osborn v. OsbornMassachusetts Supreme Judicial Court · 1899
  5. Steere v. SteereMassachusetts Supreme Judicial Court · 1928

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