Wilson v. Wilson
Massachusetts Supreme Judicial Court
Libel by a husband to obtain a divorce on the ground of adultery. Trial in the Superior Court, before Lathrop, J., who found that the libellant was guilty of connivance, and ordered a decree to be entered dismissing the libel, and reported the case for the determination of this court. If the evidence did not warrant the finding, or if, as matter of law, the order was wrong, a new trial was to be granted; otherwise, the decree was to stand.
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Libel by a husband to obtain a divorce on the ground of adultery. Trial in the Superior Court, before Lathrop, J., who found that the libellant was guilty of connivance, and ordered a decree to be entered dismissing the libel, and reported the case for the determination of this court. If the evidence did not warrant the finding, or if, as matter of law, the order was wrong, a new trial was to be granted; otherwise, the decree was to stand. The nature of the evidence appears in the opinion. The case was submitted on briefs on March 8, 1891, and afterwards, in June following, was re-submitted…
1Opinion of the CourtMorton, J.
This case turns on the question whether the finding of the court was correct, that the libellant was, upon the evidence, guilty of connivance.
The libellant did nothing to encourage his wife to commit adultery, and did not, directly or indirectly, throw opportunities in her way. Until the day he detected her, the report does not show that any unusual or improper acts had occurred in his presence between her and any other man. He had suspected and had watched her, but had not obtained proof of her guilt, and had not till the day he caught her had the assistance of a detective or police officer.…
2Cases cited3 opinions
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1886
- Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1884
3Cited by25 opinions
- Hayden v. HaydenMassachusetts Supreme Judicial Court · 1950
- Benson v. BensonDistrict Court of Appeal of Florida · 1958
- Stepp v. BlackCourt of Appeals of Tennessee · 1931
- Kohlhoss v. MobleyCourt of Appeals of Maryland · 1905
- McMillan v. McMillanSupreme Court of Florida · 1935
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