Pastoret v. Pastoret
Massachusetts Supreme Judicial Court
Upon a libel for a divorce from the bonds of matrimony, the respondent pleaded that the several allegations contained in the libel are wholly false, and thereupon prayed that the divorce prayed for might not be granted. The respondent then moved for a continuance, and filed his affidavit, stating the absence of a material witness, by whom he expected to prove adultery in the libellant.
1Opinion of the Court
The Court
said they should not permit evidence of that kind to be given under the present plea, but that the plea must allege the facts which he intended to prove, in order that the opposite party might have notice of the charge, and prepare herself to repel it, if in her power.
The respondent had leave to plead anew, and in his plea, protest ing against the truth of the several allegations contained in the libel, says that the said Mary hath, at divers times before the filing of her said libel, committed the crime of adultery with one M. Luyo, and with divers other persons; and therefore he…
2Cited by5 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Duberstein v. DubersteinIllinois Supreme Court · 1897
- Newman v. NewmanMassachusetts Supreme Judicial Court · 1912
- Peoples' Bank v. ShryockCourt of Appeals of Maryland · 1878
- Jones v. JonesNew Jersey Court of Chancery · 1866