Eaton v. Eaton
Massachusetts Supreme Judicial Court
Libel for divorce, filed September 28, 1876, for the cause of desertion, alleging that the parties were lawfully married at Woburn on September 17, 1872; that they afterwards lived in this Commonwealth, the libellant at Woburn and at Boston, and the libellee at Winchester; and that the libellee, on September 17, 1872, wilfully deserted the libellant, and has ever since con'"inued such desertion.
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Libel for divorce, filed September 28, 1876, for the cause of desertion, alleging that the parties were lawfully married at Woburn on September 17, 1872; that they afterwards lived in this Commonwealth, the libellant at Woburn and at Boston, and the libellee at Winchester; and that the libellee, on September 17, 1872, wilfully deserted the libellant, and has ever since con'"inued such desertion. Hearing before Lord, J., who reported the case for the determination of the full court, in substance as follows: In 1872, the parties lived at home with their respective parents, who were neighbors.…
1Opinion of the CourtColt, J.
The parties having been legally married, it was the duty of the wife to dwell with her husband, to whom belonged the right to fix a suitable and proper place for their abode.
The libellee’s refusal, for three consecutive years, to live with her husband amounted to desertion; St. 1873, c. 371, § 2; and entitled the libellant to a divorce, unless he is defeated by the provisions of the Gen. Sts. c. 107, § 12, which declare that no divorce, with exceptions not necessary now to notice, “ shall be decreed for any cause, if the parties have never lived together as husband and wife in this state.”
But…
2Cited by2 opinions
- Franklin v. FranklinMassachusetts Supreme Judicial Court · 1891
- Weston v. WestonMassachusetts Supreme Judicial Court · 1887