Cumming v. Cumming
Massachusetts Supreme Judicial Court
Libel for divorce, filed November 2,1881, on the ground of adulteries alleged to have been committed by the libellee in October, 1881. The answer denied the allegations of the libel, and, by way of recrimination, alleged that, prior to the filing of her libel, the libellant had been guilty of adultery with a person named.
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Libel for divorce, filed November 2,1881, on the ground of adulteries alleged to have been committed by the libellee in October, 1881. The answer denied the allegations of the libel, and, by way of recrimination, alleged that, prior to the filing of her libel, the libellant had been guilty of adultery with a person named. The libellant filed a replication, denying the charge set forth in the answer, and stating that, if said charge was true, the offence had been fully condoned by the libellee. Hearing before Morton, C. J., who reported the case for the consideration of the full court, in…
1Opinion of the CourtC. Allen, J.
No testimony was taken at the trial in support of the libellee’s offer to prove that the libellant had committed adultery, and confessed the same to him; but, for the purpose of determining this case, it must be assumed that he could have proved the facts which he offered to prove; and the question thus presented for decision is, whether a married woman, who has committed adultery, and confessed it to her husband, and been expressly forgiven by him, and who has lived with him for six years thereafter, is debarred from maintaining a libel for a divorce on the ground of his adultery committed…
2Cases cited1 opinion
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
3Cited by19 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Smith v. SmithCourt of Appeals of Kentucky · 1918
- Green v. GreenCourt of Appeals of Maryland · 1915
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