Fera v. Fera
Massachusetts Supreme Judicial Court
Libel for divorce from the bond of matrimony, alleging that, on October 31,1861, at Boston, the libellee deserted the libellant without just cause, and continued such desertion more than five years consecutively, and until the time of the filing of thi3 libel, March 15,1867. Trial by jury, before Wells, J., who allowed a bill of exceptions substantially as follows: The libellant offered evidence to prove that the libellee by his extreme cruelty compelled her to leave his…
Read the full summary
Libel for divorce from the bond of matrimony, alleging that, on October 31,1861, at Boston, the libellee deserted the libellant without just cause, and continued such desertion more than five years consecutively, and until the time of the filing of thi3 libel, March 15,1867. Trial by jury, before Wells, J., who allowed a bill of exceptions substantially as follows: The libellant offered evidence to prove that the libellee by his extreme cruelty compelled her to leave his house and live apart from him ; but the judge ruled that this would not sustain the allegation of desertion by the…
1Opinion of the CourtHoak, J.
We think the amendment of the libel required by the court was necessary, and that there would have been without it a material variance between the allegations and the proof. A divorce may be decreed in favor of either party when one party has deserted the other for five consecutive years. Gen. Sts. c. 107, § 7. But the desertion of one party caused and justified by the misconduct of the other is not the desertion of the other. Pidge v. Pidge, 3 Met. 257. The divorce is only allowed in favor of the party deserting, when the desertion is caused by the extreme cruelty of the other party ->r when…
2Cases cited2 opinions
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Young v. YoungMassachusetts Supreme Judicial Court · 1808
3Cited by12 opinions
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Wagner v. WagnerSupreme Court of Minnesota · 1886
- Miller v. MillerMassachusetts Supreme Judicial Court · 1889
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
7 more not listed; retrieve them via the Exa API.