Legal Opinion

Shackett v. Shackett

Supreme Court of Vermont

Decided October 15, 1876PublishedCited by 16 opinions

Petition por Divorce for the causes of refusal to support", adultery, and intolerable severity, alleged to have happened on the first day of September, 1872, and on divers days and times thereafter.

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Petition por Divorce for the causes of refusal to support", adultery, and intolerable severity, alleged to have happened on the first day of September, 1872, and on divers days and times thereafter. The third plea alleged* that at the June Term, 1872, of Addison County Court, the petitioner brought a petition for divorce against the petitionee, and that on issue joined thereon it was found and adjudged that the petitioner was guilty of adultery with one Hammond in 1865 and 1866 ; that said adultery had not been condoned by the petitionee ; and that said petition ought to be dismissed, as…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The plea demurred to is in the form of a technical plea in estoppel. It is claimed that it is* defective as such, because it does not aver that the adultery established by the record had not been condoned after that adjudication. Procedure in divorce cases in Vermont, has not been regarded as subject to and ruled by the law, and forms, and rules of pleading that prevail and rule in common law causes. It has been practiced and supposed that anything that would disentitle the applicant for divorce to have it granted, might be alleged and shown…

2Cited by16 opinions

  1. Chavez v. ChavezNew Mexico Supreme Court · 1935
  2. Douglas v. DouglasTennessee Supreme Court · 1928
  3. Redington v. RedingtonColorado Court of Appeals · 1892
  4. Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
  5. Burton v. BurtonSupreme Court of Vermont · 1886

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