Quigley v. Quigley

In the Probate Court a divorce nisi was granted to the libellant on the ground of cruel and abusive treatment. The questions are whether the libellee was guilty of such treatment and, if she was, whether the libellant condoned her conduct.

The judge made a “Voluntary Finding of Material Facts” which from its form and substance appears to have been intended as a complete statement of the facts that influenced him to his decision. Compare Birnbaum v. Pamoukis, 301 Mass. 559, 561, 562.

*416The evidence is not reported. The findings of fact, whether particular or general, must therefore be taken as…