Lyster v. Lyster
Massachusetts Supreme Judicial Court
Libel for divorce from the bond of matrimony for desertion of the libellant by the libellee for a period of five years anterior to September 29, 1871, the date of the libel. The answer set up as a justification of the libellee in leaving the libellant his cruel and abusive treatment, and gross and confirmed habits of intoxication.
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Libel for divorce from the bond of matrimony for desertion of the libellant by the libellee for a period of five years anterior to September 29, 1871, the date of the libel. The answer set up as a justification of the libellee in leaving the libellant his cruel and abusive treatment, and gross and confirmed habits of intoxication. At the hearing before Colt, J., it appeared that the libellee left the libellant and lived separate from him for more than five years prior to the filing of his libel, without his consent; that in 1865, the libellee brought a libel in this court against the…
1Opinion of the CourtGray, J.
The decree upon the former libel of the wife was doubtless conclusive, at the hearing of the present libel of the husband, upon any question necessarily involved in the former adjudication. Fera v. Fera, 98 Mass. 155. Thurston v. Thurston, 99 Mass. 39. Lewis v. Lewis, 106 Mass. 309. Slade v. Slade, 58 Maine, 157. But in order justly to estimate the effect of that judgment, it is necessary to consider what was then brought in issue between the parties.
By the Gen. Sts. c. 107, § 9, a divorce from bed and board might be decreed for extreme cruelty, gross and confirmed habita of intoxication…
2Cases cited9 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
- Thurston v. ThurstonMassachusetts Supreme Judicial Court · 1868
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Gillinwaters v. GillinwatersSupreme Court of Missouri · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Polley v. PolleyCourt of Appeals of Maryland · 1916
- Cochrane v. CochraneMassachusetts Supreme Judicial Court · 1939
- Melvin v. MelvinCourt of Appeals for the D.C. Circuit · 1942
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
37 more not listed; retrieve them via the Exa API.