Peirce v. Peirce
Massachusetts Supreme Judicial Court
Libel for divorce, on the ground of desertion. Hearing before Braley, J., who ruled, as matter of law, that the libel could not be maintained, ordered it dismissed, and reported the case for the determination of this court. If the ruling was right, the order was to be affirmed ; if wrong, a decree of divorce nisi, for desertion, was to be entered. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
In this case the libellant, when she was in due form married to Flagg, knew that Peifce, her husband, was alive, and that the bonds of matrimony between herself and Peirce had not been dissolved by a divorce. She in good faith consulted a clergyman of good standing, who informed her that *217her marriage with Peirce had “ run out,” and that she had “ a perfect legal right to get married ”; and believing this to be true, she was married to Flagg. The ease discloses no mistake of fact on the part of the libellant, but a mistake of law, and in accordance with our decisions the justice who heard the…
2Cases cited3 opinions
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Whippen v. WhippenMassachusetts Supreme Judicial Court · 1888
- Darrow v. DarrowMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Kelsey v. KelseyAppellate Division of the Supreme Court of the State of New York · 1922
- Templer v. TemplerMassachusetts Supreme Judicial Court · 1964
- Dunn v. DunnMississippi Supreme Court · 1930