Legal Opinion

Ditson v. Ditson

Supreme Court of Rhode Island

Decided August 6, 1856PublishedCited by 15 opinions

Petition'for divorce. The petition represented the petitioner as of Little Compton, in the state of Ehode Island, and that she had resided within the state for the last three years; that she was married to George L. Ditson in the city of New York, in October, 1842; that she has at all times faithfully performed her duties as a wife, but that her said husband has treated her with extreme cruelty; has neglected and refused, being of sufficient ability, to provide necessaries…

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Petition'for divorce. The petition represented the petitioner as of Little Compton, in the state of Ehode Island, and that she had resided within the state for the last three years; that she was married to George L. Ditson in the city of New York, in October, 1842; that she has at all times faithfully performed her duties as a wife, but that her said husband has treated her with extreme cruelty; has neglected and refused, being of sufficient ability, to provide necessaries for the subsistence, and has wilfully deserted her for the last three years, and been guilty of other gross misbehavior…

1Opinion of the CourtAmes, C. J.

The “ Act regulating marriage and divorce ” in this state, requires, in words, no other jurisdiction in this court over the parties to a petition for divorce, than that the petitioner should have resided in the state for three years next before the preferring'of the petition; with a discretionary power in the court to dispense with that particular term, as it has been construed, of residence or domicil. Dig. 1844, p. 265, § 11. Public Laws since Dig. 1844, p. 670. This dispensing power has, however, been very sparingly’exercised by the court, and never, unless indeed the court may have been…

2Cases cited5 opinions

  1. Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
  2. Barber v. RootMassachusetts Supreme Judicial Court · 1813
  3. Tolen v. TolenIndiana Supreme Court · 1831
  4. Dorsey v. DorseySupreme Court of Pennsylvania · 1838
  5. Hare v. HareTexas Supreme Court · 1853

3Cited by15 opinions

  1. Baker v. StateSupreme Court of Vermont · 1999
  2. Henderson v. HendersonSupreme Court of Rhode Island · 2003
  3. United States v. Floretta G. SmithCourt of Appeals for the Third Circuit · 1968
  4. Rowley v. LampeCourt of Appeals of Kentucky (pre-1976) · 1960
  5. Billingsley v. BillingsleySupreme Court of Alabama · 1970

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