Hoehn v. Hoehn

In this action for divorce brought by the husband, the wife defended on the ground of mental illness. After trial the judge made written findings and rulings in which she correctly found that the acts of the defendant towards the plaintiff constituted cruel and abusive treatment and she properly determined the only issue to be whether, because of her mental illness, the defendant was unable to comprehend the nature and consequences of her actions. See Cosgrove v. Cosgrove, 351 Mass. 64, 66-67 (1966). As stated in Cosgrove, that issue is one of fact. Id. at 67. We read the judge’s find*1001ings as…