Leonard v. Leonard
Massachusetts Supreme Judicial Court
Libel eor DIVORCE, filed August 25, 1887, brought by a wife against her husband, alleging that he had been sentenced to imprisonment at hard labor for more than five years in a state prison. Hearing before Lathrop, J., who reported the case for the determination of this court as follows. The parties last lived together as husband and wife in Boston early in 1886, at which time the libellee left the Commonwealth.
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Libel eor DIVORCE, filed August 25, 1887, brought by a wife against her husband, alleging that he had been sentenced to imprisonment at hard labor for more than five years in a state prison. Hearing before Lathrop, J., who reported the case for the determination of this court as follows. The parties last lived together as husband and wife in Boston early in 1886, at which time the libellee left the Commonwealth. In September, 1886, he was tried and convicted by the District Court of the United States for the Western District of Wisconsin, on an indictment charging him with “ passing altered…
1Opinion of the CourtC. Allen, J.
The libellant seeks a divorce from her husband on the ground that he has been sentenced to imprisonment at hard labor in the state prison at Waupun, Wisconsin, for a term of seven years and six months; and the question presented to us is whether such a sentence passed in another State is a good cause of divorce here. The Pub. Sts. c. 146, § 2, provide that *152a divorce may be decreed “ when either party has been sentenced to confinement at hard labor for life or for five years or more in the state prison, or in a jail or house of correction.” The first statute in this Commonwealth making a…
2Cited by3 opinions
- Sturtevant v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Ness v. NessSouth Dakota Supreme Court · 1961
- Ness v. NessSouth Dakota Supreme Court · 1961