Legal Opinion

Shannon v. Shannon

Massachusetts Supreme Judicial Court

Decided October 15, 1854PublishedCited by 2 opinions

Libel, under Rev. Sts. c. 76, § 6, for a divorce from bed and board, for utter desertion. The respondent filed an answer, and also a petition for alimony pending the suit. After a hearing of the parties before Metcalf, J. the petition was denied; the judge being of opinion that the law did not authorize the court to grant it. To this denial exceptions were alleged.

1Opinion of the CourtMetcalf, J.

A full history of our early law of divorce is nowhere to be found; nor are the materials for such a history readily accessible. Since the time of the province charter, however, thus much is plain: That by St. 4 W. & M. (Anc. Chart. 243,) it was enacted that all controversies concerning marriage and divorce should be heard and determined by the governor and council; that by the state constitution, c. 3, art. 5, it was declared that this jurisdiction of the governor and council, in causes of marriage, divorce and alimony, should continue, until the legislature should, by law, make other…

2Cases cited1 opinion

  1. Harrington v. HarringtonSupreme Court of Vermont · 1838

3Cited by2 opinions

  1. Trudgen v. TrudgenMontana Supreme Court · 1958
  2. Trudgen v. TrudgenMontana Supreme Court · 1958

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