Rudd v. Rudd
Supreme Court of Vermont
Petition for divorce. Heard at the June term., 1892, Bennington county, Munson, J., presiding. The court dismissed the petition as matter of law and the petitioner excepted.
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Petition for divorce. Heard at the June term., 1892, Bennington county, Munson, J., presiding. The court dismissed the petition as matter of law and the petitioner excepted. The following facts were found : “The testimony of the petitioner tended to show that her husband had been an intemperate, man during all their married life, and had been a frequent visitor of liquor saloons, and was often away from home until late at night, sometimes remaining all night; that in 1880 he choked her, without cause, until she was nearly senseless ; that on one occasion, in the winter of 1890, he returned…
1Opinion of the CourtTyler, J.
This case was defended in the court below upon two grounds. ' i. That the cause had been condoned. 2. That the petitioner had herself violated the marriage contract.
The exceptions present no element of condonation. There was no forgiveness by the petitioner, no promise of future kind treatment by the petitionee and no resumption of marital relations after, the assault of June 15, 1890, was committed. On the contrary, the petitioner avoided the petitionee as much as possible, some of the time hiding from him, though remaining in the house with him until the final separation, which was on June…
2Cases cited1 opinion
- Langdon v. LangdonSupreme Court of Vermont · 1853
3Cited by5 opinions
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- Sayles v. SaylesSupreme Court of Rhode Island · 1918