Legal Opinion

Morrison v. Morrison

Massachusetts Supreme Judicial Court

Decided January 4, 1884PublishedCited by 16 opinions

Libel for divorce, on the ground of adultery, filed August 21, 1882. Hearing before G. Allen, J., who refused to grant a divorce, and entered a decree dismissing the libel; and thereupon, at the request of the libellant, reported, for the consideration of the full court, the facts found by him, as follows: “The adultery was proved as charged; and the remaining question was whether a divorce should be refused on the ground' of the connivance of the libellant.

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Libel for divorce, on the ground of adultery, filed August 21, 1882. Hearing before G. Allen, J., who refused to grant a divorce, and entered a decree dismissing the libel; and thereupon, at the request of the libellant, reported, for the consideration of the full court, the facts found by him, as follows: “The adultery was proved as charged; and the remaining question was whether a divorce should be refused on the ground' of the connivance of the libellant. The parties lived in Boston, in the Charlestown District. In February, 1882, the libellant was cautioned by his mother, from Hew…

1Opinion of the CourtColburn, J.

Connivance can usually be proved only by proving facts, from which, with their circumstances, it may be inferred.

The judge who tried this case found, upon the evidence before him, certain facts from which, with the circumstances, he found that the libellant, from the time that his suspicions were first excited, was willing in his own mind that his wife should commit adultery, provided he could thereby obtain a divorce; and that he expected that she would commit adultery, and that he should obtain proof of it, and thus be enabled to procure a divorce. The finding that this was the state of the…

2Cases cited2 opinions

  1. Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1876
  2. Orrok v. OrrokMassachusetts Supreme Judicial Court · 1805

3Cited by16 opinions

  1. Hayden v. HaydenMassachusetts Supreme Judicial Court · 1950
  2. Dennis v. DennisSupreme Court of Connecticut · 1896
  3. Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1886
  4. Wilson v. WilsonMassachusetts Supreme Judicial Court · 1891
  5. Holt v. HoltMassachusetts Supreme Judicial Court · 1925

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