Purdy v. Purdy
Massachusetts Supreme Judicial Court
Libel, filed on May 5, 1919, for divorce on the ground of desertion alleged to have taken place on April 20, 1913. The libel was heard by Bell, J. The libellant testified that the married life was not happy, that on or about the date of the alleged desertion “ the libellee got cross about nothing at all; they had an argument; and he got out. He never offered to come back to her or invited her to come back to him.
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Libel, filed on May 5, 1919, for divorce on the ground of desertion alleged to have taken place on April 20, 1913. The libel was heard by Bell, J. The libellant testified that the married life was not happy, that on or about the date of the alleged desertion “ the libellee got cross about nothing at all; they had an argument; and he got out. He never offered to come back to her or invited her to come back to him. He has always known where she lived and he could have had opportunity enough if he had wanted to support her, if he wished to.” Among other evidence was a letter of the libellee to…
1Opinion of the CourtBraley, J.
The only ground of divorce alleged is desertion by the libellee on or about April 20,1913, when the parties separated,they never have resumedzmarital relations. It is as the libellee contends familiar law, that where the separation is with the libellant’s consent there can be no desertion by the libellee. Foster v. Foster, 225 Mass. 183. The judge, however, not being bound to believe the husband's evidence, the only question is whether the letters between the parties when read together are sufficient as matter of law to bar the libel. The correspondence comprises a part only of the evidence,…
2Cases cited2 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Foster v. FosterMassachusetts Supreme Judicial Court · 1916
3Cited by2 opinions
- Miranda v. MirandaMassachusetts Supreme Judicial Court · 1966
- Allen's CaseMassachusetts Supreme Judicial Court · 1945