Smith v. Smith
Massachusetts Supreme Judicial Court
Petition by a wife to the Probate Court for separate maintenance and the custody of children. In the Superior Court, on appeal, before Barker, J., it appeared in evidence that the parties were husband and wife, and before October 14,1889, lived together on a farm near Edgar-town, in a dwelling-house situated about one hundred feet from that of the respondent’s father, and in the same yard.
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Petition by a wife to the Probate Court for separate maintenance and the custody of children. In the Superior Court, on appeal, before Barker, J., it appeared in evidence that the parties were husband and wife, and before October 14,1889, lived together on a farm near Edgar-town, in a dwelling-house situated about one hundred feet from that of the respondent’s father, and in the same yard. There was also evidence, which was contradicted, that on several occasions from August 18 to November 29,1889, the respondent addressed profane language to the petitioner, and, when provoked by her, was…
1Opinion of the CourtKnowhton, J.
If in this case we assume in favor of the respondent that the respondent and his wife were not living apart from each other while she was accustomed daily to go to his house and perform household duties there, it does not follow that the petition must be dismissed. The presiding justice found as a fact, upon evidence which was sufficient to warrant the finding, that the respondent’s conduct was such as to justify his wife in living separate and apart from him. He further found that, while she was sleeping away from her husband in *265his father’s house, and daily going to her husband’s house to…
2Cited by8 opinions
- Hayden v. HaydenMassachusetts Supreme Judicial Court · 1950
- Quigley v. QuigleyMassachusetts Supreme Judicial Court · 1941
- Marshall v. MarshallMassachusetts Supreme Judicial Court · 1920
- Ripley v. RipleyMassachusetts Supreme Judicial Court · 1927
- Donnelly v. Contributory Retirement Appeal BoardMassachusetts Appeals Court · 1982
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