Burtis v. Burtis
Massachusetts Supreme Judicial Court
Libel, filed on December 8, 1892, by Ella M. Burtis, for a divorce from Howard Burtis, on the grounds of adultery and cruel and abusive treatment. Trial in the Superior Court, before Fessenden, J., who dismissed the libel for want of jurisdiction ; and the libellant alleged exceptions. The facts sufficiently appear in the opinion. The case was argued at the bar in March, 1894, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtKnowltou, J.
The former libel between these parties was dismissed for want of jurisdiction “ without prejudice.” There being no limitation upon the effect of the words “ without prejudice,” they must be taken to have been used generally, and to mean without prejudice to the right of the libellant to bring a new suit, and to try it as if the questions involved were all presented for the first time.
The first three paragraphs of the bill of exceptions state facts which must be treated as agreed or established. There are matters referred to in other parts of the bill in regard to which only the evidence is…
2Cases cited2 opinions
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- Inhabitants of Stoughton v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
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