Keenan v. Keenan
Massachusetts Supreme Judicial Court
Libel for divorce under R. L. c. 152, § 1, filed on November 14, 1912, alleging desertion, and that the libellee, “being of sufficient ability . . . has grossly, wantonly and cruelly refused and neglected, and at the present time grossly, wantonly and cruelly refuses and neglects, to provide suitable maintenance and support for your libellant.”
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Libel for divorce under R. L. c. 152, § 1, filed on November 14, 1912, alleging desertion, and that the libellee, “being of sufficient ability . . . has grossly, wantonly and cruelly refused and neglected, and at the present time grossly, wantonly and cruelly refuses and neglects, to provide suitable maintenance and support for your libellant.” In the Superior Court the case was heard by Jenney, J. The evidence as reported in the bill of exceptions is described in the opinion. At the close of the evidence the libellant asked the judge to make the following rulings: “1. The libellee was, at…
1Opinion of the CourtHammond, J.
The burden was upon the libellant to prove that the libellee was of sufficient ability, and that the neglect to provide maintenance was gross or wanton and cruel; and the question is not whether the evidence would have, justified a finding in favor of the libellant upon both of these propositions, but whether as matter of law it required such a finding.
The record contains a statement of the evidence. We interpret it as stating that there was evidence tending to prove the alleged facts, and not that such facts either were admitted by the parties or were found as such by the presiding judge.…
2Cases cited3 opinions
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
- Peabody v. PeabodyMassachusetts Supreme Judicial Court · 1870
- Holt v. HoltMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Rubinstein v. RubinsteinMassachusetts Supreme Judicial Court · 1946
- Wm. Cameron & Co. v. GambleCourt of Appeals of Texas · 1919
- Goren v. GorenMassachusetts Supreme Judicial Court · 1941
- Webster v. WebsterMassachusetts Supreme Judicial Court · 1928
- Young v. YoungMassachusetts Supreme Judicial Court · 1955
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