Lucas v. Lucas
Massachusetts Supreme Judicial Court
Petition for a review of a decree of this court, rendered at a former term, dismissing a libel for divorce a vinculo, brought by the petitioner against the respondent on the ground of adultery. Bigelow, J. before whom a hearing was had, was of opinion that the petitioner was entitled to a writ of review, if the court had authority to grant it under Key.
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Petition for a review of a decree of this court, rendered at a former term, dismissing a libel for divorce a vinculo, brought by the petitioner against the respondent on the ground of adultery. Bigelow, J. before whom a hearing was had, was of opinion that the petitioner was entitled to a writ of review, if the court had authority to grant it under Key. Sts. c. 99; but that the court had no power under that statute to grant a review in a case of divorce, and, at the request of the petitioner, reserved that question for the consideration of the full court.
1Opinion of the CourtShaw, C. J.
At a former term of the court, the petitioner in the present case libelled his wife to obtain a divorce a vinculo for the cause of adultery, and upon a trial, judgment was rendered that the libel be dismissed. This, from the nature of the subject matter, must be deemed a final judgment against the libellant. Afterwards, this petition for a review was filed by *138the husband in order to have a new trial. At the hearing at nisi prius, the judge before whom it was brought was of opinion upon the evidence that there was sufficient ground shown for granting a review, if the court had authority to…
2Cases cited2 opinions
- Borden v. BrownMassachusetts Supreme Judicial Court · 1810
- Stone v. DavisMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Eaton v. EatonNebraska Supreme Court · 1902
- Jelm v. JelmOhio Court of Appeals · 1950
- Mulligan v. MulliganOhio Circuit Courts · 1909