Legal Opinion

Merrill v. Merrill

Massachusetts Supreme Judicial Court

Decided January 16, 1879PublishedCited by 4 opinions

Libel for divorce from the bond of matrimony, alleging impotency on the part of the libellee. At the hearing, before Endicott, J., it appeared from the testimony of the libellant that the parties were married at Pelham, in the State of New Hampshire, on December 11, 1867, and subsequently lived together as husband and wife at Lowell, in this Commonwealth; that they occupied the same room and bed from the time of the marriage until about a year before the suing out of this…

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Libel for divorce from the bond of matrimony, alleging impotency on the part of the libellee. At the hearing, before Endicott, J., it appeared from the testimony of the libellant that the parties were married at Pelham, in the State of New Hampshire, on December 11, 1867, and subsequently lived together as husband and wife at Lowell, in this Commonwealth; that they occupied the same room and bed from the time of the marriage until about a year before the suing out of this libel,, a period of nearly ten years; that both parties were in good health; that the marriage had never been consummated…

1Opinion of the Court

By the Court.

Under the circumstances in evidence, the testimony that the libeEee had said that she “ could not have connection with any man ” would warrant the inference that she meant that she was physically incapable of such connection, and, if so understood, would, taken together with the other evidence in the case, justify a finding that she was impotent, as charged in the libel. The presiding judge having ruled otherwise as matter of law, without passing upon the question of fact, the ruling is a subject of exception. Nourse v. Henshaw, 123 Mass. 96.

Exceptions sustained.

At April term…

2Cases cited1 opinion

  1. Nourse v. HenshawMassachusetts Supreme Judicial Court · 1877

3Cited by4 opinions

  1. Dix v. AtkinsMassachusetts Supreme Judicial Court · 1879
  2. AnonymousNew York Supreme Court · 1916
  3. M v. MMassachusetts Supreme Judicial Court · 1961
  4. Stepanek v. StepanekCalifornia Court of Appeal · 1961

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