Whippen v. Whippen
Massachusetts Supreme Judicial Court
Libel, filed June 25, 1887, for divorce on tlie ground of desertion. Hearing before 0. Allen, J., wlio reported the case for the consideration of the full court as follows. The desertion, which was alleged to have taken place on February 5, 1875, was proved. Immediately thereafter the libellee moved from Boston, where she had lived with the libellant, to Cambridge, and her place of residence was known to the libellant.
Read the full summary
Libel, filed June 25, 1887, for divorce on tlie ground of desertion. Hearing before 0. Allen, J., wlio reported the case for the consideration of the full court as follows. The desertion, which was alleged to have taken place on February 5, 1875, was proved. Immediately thereafter the libellee moved from Boston, where she had lived with the libellant, to Cambridge, and her place of residence was known to the libellant. She has ever since lived in Cambridge and Boston, at different places, but under no concealment. There was no presumption of her death. On October 23,1883, the libellant…
1Opinion of the CourtW. Allen, J.
We understand the finding in the report of the libellant’s marriage to include the fact of cohabitation. The argument for the libellant is, that, as the libellee had at that time deserted him and been absent from him for seven years, he not actually knowing her to be living within that time, he was not guilty of polygamy, and that cohabitation under such a marriage would not be adultery. Assuming, without deciding, that the words “ not knowing ” in the statute defining polygamy, *295Pub, Sts. c. 207, §§ 4, 5, have the same meaning as the words “ not actually knowing ” in the report, and that,…
2Cases cited1 opinion
- Bodwell v. BodwellMassachusetts Supreme Judicial Court · 1873
3Cited by9 opinions
- Scott's CaseSupreme Judicial Court of Maine · 1918
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- Green v. GreenCourt of Appeals of Maryland · 1915
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Geisselman v. GeisselmanCourt of Appeals of Maryland · 1919
4 more not listed; retrieve them via the Exa API.