Wales v. Wales
Massachusetts Supreme Judicial Court
Petition to set aside a decree of divorce nisi from the bond of matrimony, rendered by a justice of this court at November term 1873, upon the default of this petitioner, after notice to her, on b libel filed against her by the respondent on May 17, 1873, for the cause of utter desertion on August 15, 1872, and continued to the date of that libel.
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Petition to set aside a decree of divorce nisi from the bond of matrimony, rendered by a justice of this court at November term 1873, upon the default of this petitioner, after notice to her, on b libel filed against her by the respondent on May 17, 1873, for the cause of utter desertion on August 15, 1872, and continued to the date of that libel. The present petition alleged that by the St. of 1873, c. 371, which took effect June 11, 1873, it was not competent for the court to enter any decree whatever upon the libel. At the hearing before Gray, C. J., the allegations of the petition were…
1Opinion of the CourtGray, C. J.
The original libel was filed under the St. of 1870, e. 404, for utter desertion, which, not having continued for five years, was not a cause for a divorce from the bond of matrimony under the.Gen. Sts. c. 107, § 7.
Under the St. of 1870, the court could not decree a divorce from the bond of matrimony for the cause alleged, but only a divorce nisi, which was in the nature of a divorce from bed and board, did not dissolve the marriage, and could not be made absolute except upon a new petition filed not less than three years from the time of the first decree. St. 1870, c. 404, §§ 2, 3. Graves v.…
2Cases cited4 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Ex Parte CrenshawSupreme Court of the United States · 1841
- Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1874
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Zildjian v. ZildjianMassachusetts Appeals Court · 1979
- Niece v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- Bryon v. BryonAppellate Division of the Supreme Court of the State of New York · 1909
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