Anonymous
Massachusetts Supreme Judicial Court
This was a libel for a divorce a vinculo, for the adultery of the wife, and came before the Court at an adjournment of this term holden on the 24th of July. The libel was filed in the clerk’s office on the 12th of June, and thereupon a summons issued to the wife to appear and answer at the adjournment before mentioned. The libellant moved that the libel may be sustained, and the wife called to answer.
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This was a libel for a divorce a vinculo, for the adultery of the wife, and came before the Court at an adjournment of this term holden on the 24th of July. The libel was filed in the clerk’s office on the 12th of June, and thereupon a summons issued to the wife to appear and answer at the adjournment before mentioned. The libellant moved that the libel may be sustained, and the wife called to answer. To this motion the counsel for the wife objected, on the ground that the Court had no jurisdiction of the cause, on the summons issued and served in this case.
1Opinion of the Court
The Court took time for advisement, after which their opinion was delivered by
Parsons, C. J.
We have taken a little time to consider thi« motion, and shall now give you our opinion.
The present term of this Court began on the second Tuesday of March last, and was continued into April *on [ * 198 ] adjournments de die in diem, when it was further adío the third Monday of the present July
*150The statute of 1785, c. 69., gives this Court jurisdiction of all questions of divorce and alimony, which before belonged to the governor and council. By the seventh section the cause must be heard and tried in…
2Cited by2 opinions
- Choate v. ChoateMassachusetts Supreme Judicial Court · 1807
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1807