Franklin v. Franklin
Massachusetts Supreme Judicial Court
Libel, filed by Hugh Franklin, for a divorce from Delia M. Franklin, on the ground of adultery. Hearing in the Superior Court, before Hopkins, J., who allowed a bill of exceptions alleged by the libellant, as follows: “ The evidence proved that the libellant had had sexual intercourse with the libellee before marriage; that the libellee was pregnant as the result of such intercourse, and the libellant was under arrest, upon a bastardy process instituted by the libellee, at…
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Libel, filed by Hugh Franklin, for a divorce from Delia M. Franklin, on the ground of adultery. Hearing in the Superior Court, before Hopkins, J., who allowed a bill of exceptions alleged by the libellant, as follows: “ The evidence proved that the libellant had had sexual intercourse with the libellee before marriage; that the libellee was pregnant as the result of such intercourse, and the libellant was under arrest, upon a bastardy process instituted by the libellee, at the time of their marriage; that the libellant married the libel-lee for the purpose, as he testified, ‘to give the child…
1Opinion of the CourtKnowlton, J.
The libellant and libellee became husband and wife by virtue of a lawful marriage. The agreement that they would not live together had no effect upon the marriage contract entered into in regular form in the presence of a magistrate or minister authorized to solemnize marriages. It is against the policy of the law that the validity of a contract of marriage, or its effect upon the status of the parties, should be in any way affected by their preliminary or collateral agreements. Barnett v. Kimmell, 35 Penn. St. 13. Harrod v. Harrod, 1 Kay & Johns. 4, 16.
The consummation of a marriage by…
2Cases cited5 opinions
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
- Cooper v. CooperMichigan Supreme Court · 1868
- J. G. v. H. G.Court of Appeals of Maryland · 1870
- Anderson v. AndersonNew York Court of Chancery · 1832
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1877
3Cited by22 opinions
- Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003
- French v. McAnarneyMassachusetts Supreme Judicial Court · 1935
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Harding v. TownsendMassachusetts Supreme Judicial Court · 1932
- Kantor v. BloomSupreme Court of Connecticut · 1916
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