Harrington v. Harrington
Massachusetts Supreme Judicial Court
Libel, filed July 13,1870, for a divorce from the bond of matrimony for the cause of adultery committed by the libellee with Elizabeth Morse “ at sundry times ” since the marriage of the parties, “ and at sundry places ” to the libellant unknown; for the cause of extreme cruelty “ since the marriage; ” and for the cause that the libellee, “ though he is of sufficient ability, grossly, wantonly and cruelly refuses and neglects to provide suitable maintenance ” for the…
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Libel, filed July 13,1870, for a divorce from the bond of matrimony for the cause of adultery committed by the libellee with Elizabeth Morse “ at sundry times ” since the marriage of the parties, “ and at sundry places ” to the libellant unknown; for the cause of extreme cruelty “ since the marriage; ” and for the cause that the libellee, “ though he is of sufficient ability, grossly, wantonly and cruelly refuses and neglects to provide suitable maintenance ” for the libellant. By order of the court, upon motion of the libellee, the libellant filed specifications under each of her charges.…
1Opinion of the CourtMorton, J.
The statute provides that “ the courts shall not charge juries with respect to matters of fact, but may state the testimony and the law.” Gen. Sts. a. 115, § 5.
In Commonwealth v. Barry, 9 Allen, 276, the court held, after careful consideration of the construction of this statute, that it prohibited the judge from expressing his opinion as to the credibility of the witnesses examined in the case. In the opinion of the court, Chief Justice Bigelow says: “The prohibition must be regarded as a restraint only on the expression of an opinion by the court on the question whether a particular fact or…
2Cases cited3 opinions
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. LarrabeeMassachusetts Supreme Judicial Court · 1868
- Oakman v. BoyceMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Mathis v. StateSupreme Court of Florida · 1903
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Jarl v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Hathaway v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1947
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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