Kerr v. Kerr
Massachusetts Supreme Judicial Court
Libel for divorce, filed on April 29, 1919, alleging desertion and adultery. The libel was heard by N. P. Brown, J. Material facts found by him are described in the opinion. The libellant asked for a ruling as a matter of law, that the agreement signed by the libellant with James W. Moore as trustee, and described in the opinion, “was not a bar to the court awarding alimony to the libellant.” The ruling was refused.
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Libel for divorce, filed on April 29, 1919, alleging desertion and adultery. The libel was heard by N. P. Brown, J. Material facts found by him are described in the opinion. The libellant asked for a ruling as a matter of law, that the agreement signed by the libellant with James W. Moore as trustee, and described in the opinion, “was not a bar to the court awarding alimony to the libellant.” The ruling was refused. The Iibellee asked for a ruling that “there should be no alimony or support for the child awarded as the release is a bar to any claim by the wife or on behalf of the child,” and…
1Opinion of the CourtDe Courcy, J.
The trial judge granted a divorce on the ground of desertion. As he had no power to enter a decree while exceptions were pending, we treat the entry of May 7, 1920, as an order for a decree. Young v. Reynolds, 218 Mass. 129, 132. Friedrich v. Friedrich, 230 Mass. 59, 61.
At the hearing it appeared that in December, 1908, on a petition by Mrs. Kerr for separate support, the Probate Court found that she was living apart from her husband for justifiable cause; prohibited said James H. Kerr from imposing any restraint on her personal liberty; gave to her the care and custody of their minor child,…
2Cases cited12 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Pereira v. PereiraCalifornia Supreme Court · 1909
- McConnell v. McConnellSupreme Court of Arkansas · 1911
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- Wilson v. WilsonSupreme Court of Iowa · 1875
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3Cited by13 opinions
- Surabian v. SurabianMassachusetts Supreme Judicial Court · 1972
- Schillander v. SchillanderMassachusetts Supreme Judicial Court · 1940
- Wilson v. CaswellMassachusetts Supreme Judicial Court · 1930
- Bradford v. BradfordMassachusetts Supreme Judicial Court · 1936
- Oakes v. OakesMassachusetts Supreme Judicial Court · 1929
8 more not listed; retrieve them via the Exa API.