Turner v. Turner
Massachusetts Supreme Judicial Court
Petition, filed October 13,1904, for a decree of nullity of marriage. In the Superior Court Lawton, J. ruled that on account of the provisions of R. L. c. 151, § 6, the petition could not be maintained. He ordered that the petition be dismissed, and reported the case for determination by this court. If the ruling was right, a decree was to be entered dismissing the petition; if the ruling was wrong, a decree of nullity was to be entered.
1Opinion of the CourtHammond, J.
This is a petition for nullity of marriage. At the hearing it appeared that at the time of the marriage, which occurred September 16, 1897, the libellee had a wife then ’ living. After this marriage the first wife obtained a divorce from the libellee, and in January, 1899, she died. In his application for a license for the second marriage the libellee asserted that this was to be his first marriage, and the libellant entered into the marriage in good faith,, without knowledge of the former marriage, relying upon the representation of the libellee that he was then to marry for the first time.…
2Cases cited1 opinion
- Smith v. SmithMassachusetts Supreme Judicial Court · 1898
3Cited by17 opinions
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1934
- Levanosky v. LevanoskyMassachusetts Supreme Judicial Court · 1942
- Carmichael v. CarmichaelMassachusetts Supreme Judicial Court · 1949
- Gardner v. GardnerMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. RossMassachusetts Supreme Judicial Court · 1924
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