Woodard v. Woodard
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ of the Superior Court dated November 24, 1909, and amended on February 28, 1910, September 17, 1910, March 4, 1911, and April 29, 1911, by Mary E. Woodard, the wife of Elbridge G. Woodard, against her husband and other defendants, to obtain the sum of $318.50 as the proceeds of property of the plaintiff sold by her husband. The case was referred to William A. Davenport, Esquire, as master.
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Bill in equity, inserted in a common law writ of the Superior Court dated November 24, 1909, and amended on February 28, 1910, September 17, 1910, March 4, 1911, and April 29, 1911, by Mary E. Woodard, the wife of Elbridge G. Woodard, against her husband and other defendants, to obtain the sum of $318.50 as the proceeds of property of the plaintiff sold by her husband. The case was referred to William A. Davenport, Esquire, as master. He filed a report and two supplementary reports in which he found among other facts those which are stated in the opinion. No exceptions to the master’s report…
1Opinion of the CourtBraley, J.
The question for decision is, whether upon the pleadings and the master’s report, to which no exceptions have been taken, the plaintiff is entitled to equitable relief as to either or alL of the defendants. The defendant, Elbridge G. Woodard, is the husband of the plaintiff, and, no evidence having been introduced as to the laws of the State of Vermont where the transactions out of which the controversy arises took place, we assume its common law to be the same as our own. Callender, McAuslan & Troup Co. v. Flint, 187 Mass. 104. It is plain from the master’s very full and specific findings,…
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