Brigham
Massachusetts Supreme Judicial Court
Petition, to set aside a decree of divorce for adultery of the petitioner, brought against the executors of the will of the petitioner’s husband, Robert B. Brigham, and his next of kin and sole heirs at law. The executors demurred to the petition, assigning, among other grounds therefor, loches and lack of due diligence in bringing the petition. Hearing before Hammond, J., who reserved the case upon the demurrer for the consideration of the full court.
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Petition, to set aside a decree of divorce for adultery of the petitioner, brought against the executors of the will of the petitioner’s husband, Robert B. Brigham, and his next of kin and sole heirs at law. The executors demurred to the petition, assigning, among other grounds therefor, loches and lack of due diligence in bringing the petition. Hearing before Hammond, J., who reserved the case upon the demurrer for the consideration of the full court. The facts appear in the opinion.
1Opinion of the Court
Holmes, O. J.
The petition in this case was reserved for our consideration upon the executors’ demurrer. The petition is very long and contains much irrelevant matter. The more important allegations are as follows. The libel against the petitioner was filed on March 2,1885. It was served upon her in her husband’s house, where she was living, and thereupon she left him and fixed her residence in New York. In April she answered and filed a cross-libel. If the facts had been brought before the court, the petitioner, irrespective of the truth of the charge against her, which she denies, would have…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Nicholson v. NicholsonIndiana Supreme Court · 1888
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3Cited by13 opinions
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Hall v. HallSupreme Court of Florida · 1927
- Diggs v. DiggsMassachusetts Supreme Judicial Court · 1935
- Cohen v. RandallCourt of Appeals for the Second Circuit · 1943
- Dennis v. DennisMassachusetts Supreme Judicial Court · 1958
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