Bigelow v. Bigelow
Massachusetts Supreme Judicial Court
Petition filed December 30, 1875, under the St. of 1874, e. 205,* representing that the parties were legally married in 1872, and afterwards lived together in this Commonwealth, and had two children, who now lived- with the petitioner; and that on September 13,1875, the respondent deserted the petitioner without cause, and they had since lived apart, without any fault on her part, but by his fault in leaving her, and he had failed, without just cause, to furnish suitable…
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Petition filed December 30, 1875, under the St. of 1874, e. 205,* representing that the parties were legally married in 1872, and afterwards lived together in this Commonwealth, and had two children, who now lived- with the petitioner; and that on September 13,1875, the respondent deserted the petitioner without cause, and they had since lived apart, without any fault on her part, but by his fault in leaving her, and he had failed, without just cause, to furnish suitable support for her and for their children; and praying for an order to prohibit him from imposing any restraint on her…
1Opinion of the CourtGkay, C. J.
vBy the Constitution of the Commonwealth, in accordance with the practice under the Charter of the Province, the jurisdiction in cases of divorce and alimony was vested in the Governor and Council, until transferred by the St. of 1785, e. 69, to this court, where it has since remained; but it belongs to the Legislature to express by general laws the cases in which the court may decree a divorce from the bond of matrimony or a judicial separation, and may order the husband to support his wife lawfully living apart from him. Sparhawk v. Sparhawk, 116 Mass. 315. Shannon v. Shannon, 2 Gray, 285,…
2Cases cited3 opinions
- Twitchell v. CommonwealthSupreme Court of the United States · 1869
- Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1874
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
- Gediman v. CameronMassachusetts Supreme Judicial Court · 1940
- Commonwealth of Pennsylvania v. WarrenCourt of Appeals of Maryland · 1954
- Bucknam v. BucknamMassachusetts Supreme Judicial Court · 1900
- French v. BrayMassachusetts Supreme Judicial Court · 1928
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