Legal Opinion

Orrok v. Orrok

Massachusetts Supreme Judicial Court

Decided March 15, 1805PublishedCited by 13 opinions

This was a libel for a divorce a mensa et thoro, for the cruelty of the husband; praying for alimony out of his personal estate, &c. The husband appeared, by his counsel, to defend ; and the Court directed the counsel to file a plea in the case, saying that, in all these cases, where there is an appearance, if a defence is intended to be made, there must be an answer in writing.

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This was a libel for a divorce a mensa et thoro, for the cruelty of the husband; praying for alimony out of his personal estate, &c. The husband appeared, by his counsel, to defend ; and the Court directed the counsel to file a plea in the case, saying that, in all these cases, where there is an appearance, if a defence is intended to be made, there must be an answer in writing. The plea filed was, “ And the said A. O. comes and defends, &c., when, &c., and says the allegations, matters and things in the libel contained are false and groundless, and that there is not any cause of divorce as…

1Opinion of the Court

The Court,

(Dana, C. J., Strong, Sedgwick, and Thacher, justices,) after some consultation on the subject, were of opinion that they might; and accordingly ordered that the wife should have her execution against the husband for the whole sum immediately.

2Cited by13 opinions

  1. Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
  2. Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
  3. Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1884
  4. Hartshorn v. HartshornSupreme Court of Oklahoma · 1916
  5. Prescott v. PrescottSupreme Judicial Court of Maine · 1871

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