Brett v. Brett
Massachusetts Supreme Judicial Court
Libel for a divorce from the bond of matrimony, under St. 1838, c. 126. It was proved, at the hearing before Dewey, J. at the November term, 1841, that the parties resided in New Hampshire at the time of their marriage, and several years subsequently; that they then removed to Bridgwater, in this Commonwealth, and after residing there five years, returned to New Hampshire, where they resided fifteen years ; that in 1829, while they were residing in New Hampshire, the…
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Libel for a divorce from the bond of matrimony, under St. 1838, c. 126. It was proved, at the hearing before Dewey, J. at the November term, 1841, that the parties resided in New Hampshire at the time of their marriage, and several years subsequently; that they then removed to Bridgwater, in this Commonwealth, and after residing there five years, returned to New Hampshire, where they resided fifteen years ; that in 1829, while they were residing in New Hampshire, the respondent utterly deserted the libellant, and has ever since lived apart from her, without her consent; and that the libellant…
1Opinion of the CourtDewey, J.
The objection to granting the prayer of the libellant and decreeing a divorce from the bond of matrimony, under the provisions of St. 1838, c. 126, arises wholly upon the question, whether the court has jurisdiction over the parties and the case made out by the evidence.
The parties resided in New Hampshire, when they were married, and for fifteen years immediately preceding the wilful desertion now complained of; and but for the fact, that they had, at a period earlier than fifteen years before the desertion by the husband, lived together, as husband and wife, in this Commonwealth, the case…
2Cases cited2 opinions
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1807
- Carter v. CarterMassachusetts Supreme Judicial Court · 1810