Robbins v. Robbins
Massachusetts Supreme Judicial Court
Two libels for divorce from the bonds of matrimony, tried together before Foster, J., and by him reserved for the determination of the full court on the following report: “ The libel of the wife alleged her desertion for five years, caused by the extreme cruelty of her husband; that of the husband her desertion for five years without cause.
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Two libels for divorce from the bonds of matrimony, tried together before Foster, J., and by him reserved for the determination of the full court on the following report: “ The libel of the wife alleged her desertion for five years, caused by the extreme cruelty of her husband; that of the husband her desertion for five years without cause. At the trial, the wife testified to three or four acts of personal violence, amounting to extreme cruelty, committed about a year before the separation; and to one about eight weeks before she left him. She was corroborated only as to one act, committed…
1Opinion of the CourtGray, J.
The report of the justice before whom the hearing was had reserves for the consideration of the full court nothing but the question of law involved. The only matter for our decision therefore is, whether the evidence reported in law warrants the finding; and we have no doubt that it does.
The rule, upon which the judges have usually acted in these cases, of not granting a divorce upon the uncorroborated testimony of the libellant, is merely a general rule of practice, and not an inflexible rule of law. When other evidence can be had, it is not ordinarily safe or fit to rely upon the testimony…
2Cited by26 opinions
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1892
- Sayles v. SaylesMassachusetts Supreme Judicial Court · 1948
- Hilbert v. HilbertCourt of Appeals of Maryland · 1935
- Tinnon v. TinnonCourt of Appeals of Texas · 1925
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