Cowles v. Cowles
Massachusetts Supreme Judicial Court
Libel eor divorce, in which the libellant set forth that he was married to Frances M. Dickinson, June 7, 1871; that soon after their marriage he and his wife commenced housekeeping, and that with occasional absences of the wife they continued to occupy the same house till April, 1872, since which time she has ceased to live with him ; that she from the time of their marriage had been guilty of cruel and abusive treatment of him, in refusing to have any sexual intercourse…
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Libel eor divorce, in which the libellant set forth that he was married to Frances M. Dickinson, June 7, 1871; that soon after their marriage he and his wife commenced housekeeping, and that with occasional absences of the wife they continued to occupy the same house till April, 1872, since which time she has ceased to live with him ; that she from the time of their marriage had been guilty of cruel and abusive treatment of him, in refusing to have any sexual intercourse "with him, and had never had such intercourse, and had ever refused to have it. Wherefore he prayed that the bonds of…
1Opinion of the CourtColt, J.
This libel for divorce alleges cruel and abusive treatment only. In support of it the wife’s utter denial of sexual intercourse is relied on. It is not now contended that any other cause of divorce exists.
Such conduct is not to be regarded, within a reasonable inserpretation of the provision of St. 1870, c. 404, § 2, as cruel and abusive treatment. Under the like provision of Gen. Sts. c. 107, § 9, it has been held that the cruelty charged must appear to be such “ as shall cause injury to life, limb, or health, or create a danger of such injury, or a reasonable apprehension of such danger.”…
2Cases cited3 opinions
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
- Southwick v. SouthwickMassachusetts Supreme Judicial Court · 1867
- Peabody v. PeabodyMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Millar v. MillarCalifornia Supreme Court · 1917
- Lohmuller v. LohmullerCourt of Appeals of Texas · 1911
- Anders v. AndersMassachusetts Supreme Judicial Court · 1916
- Schoren v. SchorenOregon Supreme Court · 1924
- Stewart v. StewartSupreme Judicial Court of Maine · 1887
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